News and Analysis

1st circuit rules for Gillette: HR goof on benefit
estimate not a fiduciary breach. Read the opinion
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HEALTH CARE
Employers may not promote use of Tricare
Medigap Update from America's Health Insurance Plans
MA individual mandate penalties going way up ($912 per year)
Patients rank our Massachusetts hospitals
The new and improved HIRD Form for 2008
Take that! A Plan participant fights back against subrogation
More rules for Massachusetts Health Care
Wellness programs. What the federal agencies require
Physicals and electronic scans reimbursable from Flex-accounts
Listing of mandates / state by state
EEOC allows retiree plans to drop coverage at 65
IRS guides S-Corp owners on how to deduct health insurance
Non-subsidized Connector policy premiums will rise only 5%
MA costs for subsidized policy premiums will double in three years

PAY AND BENEFITS
Treble damages are now mandatory in MA for overtime violations
Paying your Nanny. Payroll tips from Kiplinger.
Independent contractor issues in Massachusetts. Morse-Barnes analysis
MA Atty General draft advisory on independent contractor status
H-1B Visa enforcement. DOL cracks down
IRS Employer Guide (2008) Publication 15-A
IRS Employer Fringe Benefit Guide (2008) Publication 15-B
State payroll tax withholding for multi-state operations
Trade-in early SSA payments to get a better pension (Forbes)
Off-premises smoking ban may be illegal. Read Judge O'Toole's opinion
New FMLA rules proposed. Proskauer Rose analysis
Watson Wyatt: more FMLA leave to care for injured troops
Hourly wage bumped to $8 in Massachusetts
New Hampshire employment and the new Civil Union law
The unrealistic W-4, and IRS "lock in" letter procedures
New DHS safe harbor regs if you get a "no match" letter
Fringe benefit reporting summary
Am. Ben. Council's comments on Sec. 125 proposed regulations
ERIC weighs in on Sec. 125 proposed regulations

RETIREMENT AND SAVINGS PLANS
More info from DOL on QDIA's
Pregnancy Discrimination Act. Is pre-'78 past service credit required?
More proposed accounting changes. CFO.com explanation
A new analysis of 403(b) regulations from the Groom Law Group
QACA, EACA and ACA explained by McKay Hochman with chart
MA may tax unincorporated owners and partners on 401(k)
Revenue sharing class actions: update from Ross, Dixon & Bell
New IRS wash sale rule. Applicable to IRAs and other accounts
PPA updates from the IRS:  Notice 2008-30
Collecting late contributions.  DOL Field Assistance Bulletin (full text)
The Supreme Court rules for LaRue
When misrepresentation overrules plan terms
IRS Employee Plans Winter Newsletter
Proposed penalty rules for ERISA non-disclosure
More time before required diversification of public company stocks
Be careful with midyear changes to 401(k) safe harbor plans
IRS sample notice for 401(k) automatic enrollment
IRS proposes automatic enrollment rules
Watson Wyatt's take on new DB lump sum rules
Segal analyzes DOL qualjfied default investment rules
Pillsbury sums up the DOL default investment regulations

EXECUTIVES
Sharing the "equity" in LLCs: from the Journal of Employee Ownership
Notice 2008-42: More about IRC 101(j), split dollar, and allowed changes
IRS delays effective date of new 162(m) policy in Rev Rul 2008-13
The year in review. Frederic W. Cook & Co., Inc.
New IRS Form 8925 for employer-owned life insurance
Shocking 162(m) ruling from IRS. Winston & Strawn analysis
An older primer about deferred compensation: worth rereading
IRS' first try at a 409A correction program. Notice 2007-100
Cook's survey of top 250 LTI grant practices
Option backdating fully analyzed in NY CPA Journal
It's official! IRS grants full 409A extension

(Click here for "old" news and analysis)
THEWORKPLACE.BIZ
George L. Chimento

ANNOUNCEMENT
In May, I will join
the
employment law group of:
Davis, Malm & D'Agostine, PC
One Boston Place, Boston, MA 02108
617.367.2500

___________________________
recent articles
George Chimento  
New IRS wash sale rule. Applicable to IRAs and other accounts
MA may tax unincorporated owners and partners on 401(k)
  & my request to DOR
The Supreme Court rules for LaRue
The new and improved HIRD Form for 2008
More rules for Massachusetts Health Care
New Hampshire Civil Unions. Getting ready for 2008
It's official! IRS grants full 409A extension
IRS Limits for 2008 (and 2007)
More health care reporting for MA employers
My testimony to MA Government: simplify the HIRD Form
New DHS safe harbor regs if you get a "no match" letter
HIRD Form Update. Hola and bom día
HIRD Form Procedures
The Pension Protection Act of 2006
Adding a Roth account to your 401(k) plan
Action required to avoid 409A penalties
A new "use it or lose it" rule for cafeteria plans
The bankruptcy law and its effect on tax-favored funds
Cash-out rules change on March 28, 2005
Round table discussion with IRS on benefits issues
COBRA regulations and sample forms
Saving more than 403(b) allows with Section 457(b)
Planning for same-sex marriages in Massachusetts
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