HR Connection blog

On May 6, 2021, the U.S. Department of Labor (DOL) formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act rulemaking, the analysis the DOL would use to determine whether a worker was an employee or independent contractor under the federal Fair Labor Standards Act (FLSA). 

A seller and buyer may contractually allocate COBRA responsibility as part of the transaction. If that is the case, COBRA responsibility will be outlined by the terms of the contract. In absence of contracted terms, or if the party who was contractually responsible for providing COBRA fails to do so, the IRS provides guidelines that outlines who has COBRA responsibility. Generally, if the seller maintains any group health plan after the transaction, the seller bears responsibility for providing COBRA coverage to the M&A qualified beneficiaries.

 

In today's world of work, candidate reputation is becoming an increasingly important factor in hiring decisions. While the resume used to reign supreme, employers can now rely on data for a more holistic view of a candidate's experience. In fact, 50% of talent professionals and hiring managers say data is the top trend impacting how they hire, according to recent research from LinkedIn. Data effectively gives hiring managers a 3D view of an applicant's background as well as insight into their personality, helping them predict hiring outcomes, increase retention, evaluate skills gaps, and build better offers.

The IRS quietly revised its FAQ on employer shared responsibility provisions under the Affordable Care Act (ACA) in November, adding a bombshell statement that it plans to inform employers of their “potential liability for an employer shared responsibility payment, if any, in late 2017.” The announcement should put employers on high alert at the close of the year.

The allegations of outrageous conduct against former film studio executive Harvey Weinstein have dominated the news for more than two weeks. If the allegations are true, Weinstein represents the quintessential “superstar” harasser–the high earning, successful leader whose bad behavior is tolerated because of his perceived value to the corporation. More reports have surfaced that this theme appears to be more common than previously imagined.