Remove assertiveness
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Employers Be Forewarned and Forearmed: Recent IRS Announcements Require Action on ERTC Claims

McDermott Will & Emery Employee Benefits

Asserting that many employers have improperly claimed Employee Retention Tax Credit (ERTC) refunds, the Internal Revenue Service (IRS) released two new announcements that address ERTC claims.

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Not A Violation of Public Policy

Workers' Compensation

In rejecting an employee’s attempt to go forward with a lawsuit directly against an employer, the NJ Appellate Division ruled, in an unreported case,* that an employee, in a novel argument, may assert the “violation of public policy” as an allegation. The exclusion is embodied in the Employer’s Liability EII exclusion.” Daniels, 434 A.

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Breaking Down Hearsay

Florida Workers' Comp

Yes, Virginia, this blog has been around a long, long time. says “'Hearsay' is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." See Perceptions about Adjudication (February 2016). Section 90.801, Fla.

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How to promote diversity, equity, and inclusion in the workplace

Sodexo Engage

We recently shared a blog on how to improve diversity and inclusion in the workplace. Asserting that action and a focused approach to inclusion are needed if employers want to “bring about impactful change.”. Asserting that action and a focused approach to inclusion are needed if employers want to “bring about impactful change.”.

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COVID Vaccine Petition

Florida Workers' Comp

Anyone that has visited this blog has perceived the impacts of COVID-19 on workers' compensation. COVID has contributed to many blog posts. The December 13 petition asserts "it is in the public interest to impanel a statewide grand jury" for the investigation of "crimes and wrongs" as regards Floridians.

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Law Barring Mandatory Arbitration Agreements for Employees Shot Down

InterWest Insurance Services

The business advocacy group had asserted that the law contradicted federal legislation and would result in increased litigation and higher costs for employers and workers alike. The Chamber said the Feb. 15, 2023 ruling by the Ninth U.S. Circuit Court of Appeals invalidating the law was a win for the state’s employers.

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Tenth Circuit Adopts “Meaningful Benchmark” Pleading Standard in Dismissing Challenges to 401(k) Plan Fees

Proskauer's Employee Benefits & Executive Compensa

In a case of first impression in the Tenth Circuit, the Court recently joined the chorus of circuit courts in holding that a 401(k) plan participant alleging excessive investment management or recordkeeping fees must assert a “meaningful benchmark” in order to survive a motion to dismiss.

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