In Stapleton v. DSW, Inc., 2013 WL 1137119 (D.N.J., March 20, 2013), a retail store employee observed a child whom she suspected was being neglected by her parent, a shopper in the store. The employee lodged a report with the state Division of Child Protection and Permanency, using confidential customer information to identify the shopper. The employee was discharged for violation of the store’s policy against disclosing confidential information, and filed suit for wrongful termination under the Conscientious Employee Protection Act (CEPA). In ruling on the employer’s motion to dismiss for failure to state a claim, the New Jersey District Court held that the employee’s refusal to abide by the employer’s confidentiality policy under the circumstances constituted a protected activity under CEPA, which protects employees who refuse to comply with a company rule incompatible with a clear mandate of public policy.
Many employers with wellness program that use health risk assessments will have to modify their assessments to avoid running afoul of the Genetic Information Nondiscrimination Act of 2008 (GINA), under final interim regulations set to appear in the Federal Register on October 7, 2009. Just in time for open enrollment, the Internal Revenue Service (IRS),
On July 22, 2013, the U.S. Department of Labor (DOL) released Field Assistance Bulletin (FAB) 2013-02, which provides plan administrators of individual account plans with participant-directed investments (such as 401(k) and 403(b) plans) a one-time opportunity to reset the timing of annual fee disclosures to plan participants. Previously, regulations issued…..
In part one of this two-part series, “Supreme Court DOMA Decision—Part I: Fringe Benefits and Other Tax Implications,” I reviewed the fringe benefit and tax implications of the United States v. Windsor decision. In the second part of this series, I discuss the tax refunds that may be available to…..