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Employee Benefits Publications

SBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions

May 16, 2020

By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The…

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New State Relief Bill Marks Fundamental Change in Workers’ Compensation Law for “First Responders”

April 16, 2020

By: Bruce B. Deadman Some media outlets, commentators and business organizations have expressed concern that as they return employees to work, employers may have potential liability on a variety of fronts. This came true for employers who have “first responders” in an important provision of the coronavirus relief package signed into law by Governor Evers…

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Claiming Tax Credits For Paid Leave Under The Emergency Family And Medical Leave Act And The Emergency Paid Sick Leave Act

March 26, 2020

By: Mark G. Kmiecik and James M. Kalny The Families First Coronavirus Response Act (“Act”) provides two new refundable payroll tax credits (“tax credits”) for employers providing paid emergency sick leave or paid FMLA, including tax relief for self-employed individuals. As written, however, the Act is not practical as to these tax credits, since an…

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Qualified Plan Compliance Just Got Easier: New Self-Correction Options For Tax-Qualified Retirement Plan Errors

July 12, 2019

  By: Davis|Kuelthau’s Labor and Employment Team On April 19, 2019, the IRS released new procedures for correcting qualified retirement plan errors under its Employee Plans Compliance Resolution System (EPCRS). In particular, Revenue Procedure 2019-19 expanded the types of mistakes that can be corrected by a plan sponsor on its own, thereby avoiding the costly…

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Seventh Circuit Finds Obesity Alone is Not a Disability Under the ADA

June 18, 2019

By: James M. Kalny On June 12, 2019, the Seventh Circuit Court of Appeals issued a decision in the case of Richardson v. Chicago Transit Authority holding among other things, that obesity is not an impairment under the Americans with Disabilities Act (ADA) absent the showing of an underlying physiological cause.  As 32% of adults…

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Department of Labor Proposes New Changes to Overtime Law

March 11, 2019

By: Laurie E. Meyer On Thursday, March 7th, 2019, the U.S. Department of Labor (“DOL”) issued its long-awaited proposed rule to change the minimum salary threshold for overtime eligibility. According to the DOL, this proposed rule would make more than a million more American workers eligible for overtime. First, a little bit of history. Under…

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