Social Security “No-Match” Letters Are Back
The Social Security Administration (SSA) has resumed sending no-match letters to employers if an employee’s name and/or social security number does not match the SSA records. For years, the SSA sent no-match letters (referred to by the SSA as “Decentralized Correspondence” or “DECOR” notices) to employers. The SSA stopped sending…
Avoiding Discrimination Claims under the Genetic Information Nondiscrimination Act (GINA)
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual. However, there are some occasions when an employer must request health information, such as to support a…
Arizona Legislature Provides Guidance to Employers in Dealing with the Arizona Medical Marijuana Act
By: Jennings, Strouss & Salmon, P.L.C. Governor Brewer has just signed legislation that will provide assistance to employers in their implementation of the Arizona Medical Marijuana Act (“AMMA”) in the workplace. The new law amends existing drug testing statutes (A.R.S. § 23-493 et seq.) to make it easier for employers…
Department of Labor Seeks to Broaden Definition of Fiduciary Under ERISA
On March 1 and 2, 2011 the Department of Labor held public comment hearings on its new proposed regulations defining a fiduciary for purposes of employee benefit plans. It is likely the new regulations will cause many who provide financial services to employee benefit plans to be a fiduciary with…