All posts of Gardner Skelton

IRS ANNOUNCES INCREASED 401(K) CONTRIBUTION LIMIT

Last month, the Internal Revenue Service (IRS) announced that the 2022 employee contribution limit to 401(k) plans has been raised to $20,500, an increase from $19,500 for 2021 and 2020. People aged 50 and older may contribute a catch-up of $6,500 to 401(k), 403(b), most 457 plans, and the federal government’s Thrift Savings Plan. The […]

BRIBES DISGUISED AS ROYALTIES? WHY HEALTHCARE PROVIDERS SHOULD BE CAUTIOUS ABOUT MEDICAL DEVICE ROYALTY PAYMENTS

Some medical device companies pay physicians royalty fees to help develop their products. While these payments are permissible when structured appropriately, they are unlawful when their true purpose is to pay kickbacks to physicians for using or recommending medical devices. Federal enforcement agencies are cracking down on illegal kickbacks under the guise of royalty payments […]

EEOC FILES COVID-19 LAWSUIT FOR FAILURE TO ACCOMMODATE

Last month, the EEOC filed its first lawsuit against an employer due to its alleged failure to reasonably accommodate an employee’s request related to COVID-19. The EEOC alleges that an employer unlawfully denied an employee’s request to work from home two days per week and ultimately terminated her employment. Ronisha Moncrief (“Moncrief”), who has chronic […]

ARE YOUR EMPLOYEE NON-COMPETE AGREEMENTS ENFORCEABLE?

Over the last decade, non-compete agreements (which are sometimes referred to as covenants not to compete) have become increasingly popular. Employers who utilize non-compete agreements should review them regularly to ensure that they are enforceable. Even well-drafted agreements that were adequate at the time they were implemented may not be enforceable due to changes in […]

The Vaccine Mandate is Here: Compliance will be required for most employers with 100+ employees by January 4, 2022

OSHA published a new Emergency Temporary Standard (ETS) requiring most employers with 100+ employees to mandate COVID-19 vaccinations or require weekly COVID testing.  Employers must implement policy by no later than December 5, 2021, and fully comply by January 4, 2022.  OSHA has published some helpful guidance for employers, including this FAQ and a 30-minute webinar. […]

Flip Flop Flip: Department of Labor Rescinds Final Rule on Joint Employment (again)

The Obama administration implemented a joint employment rule in 2016 that made it far more likely that both temporary agencies and the entities that utilize the workers employed by temp agencies would be considered “joint employers” – hence jointly liable for violations of laws affecting workers. The Obama-era rule was reversed by the Trump administration, only […]

Assessing the Employee’s Religious Exemption Request to a Vaccine Mandate

Most employers have likely had discussions about whether and when to require employees to become vaccinated, or what to do if the vaccine mandate announced by President Biden (applicable to all employers of 100+ employees) becomes law. Even if federal law makes vaccinations mandatory, it is likely that the law will continue to recognize potential […]

Important news for employers in the city of Charlotte – Charlotte City Council expands local nondiscrimination law

In early August, the Charlotte City Council unanimously passed an amendment to thecity’s nondiscrimination ordinance (“NDO”). The expanded ordinance applies tobusinesses of all sizes and provides protections not otherwise provided under state andfederal law. Who does the NDO apply to? The NDO applies to businesses of all sizes that operate in the city of Charlotte. […]

Are you giving paid leave to employees for COVID vaccination or for recovery from vaccine side effects? If so – get your tax credits!

In April 2021, the Treasury Department and the IRS announced that eligible employerscould receive paid leave tax credits under the American Rescue Plan Act of 2021 (ARP)for providing leave for employees receiving the vaccine and for the time needed to recoverfrom the vaccine from April 1, 2021, through September 30, 2021. On July 29, 2021, […]