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For federal income tax purposes, a person may not be treated as
both a member and an employee of a limited
liability company (an LLC ). This law bulletin
discusses: (a) the alternatives that may be used to award LLC
membership interests to an individual while preserving the ability
to treat the individual as an employee of the LLC; and (b) the
benefits that may be provided to an employee that are unavailable
to a member who provides services to the LLC.
Except where otherwise noted, references to an LLC are to an LLC
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Recommendations made to plan sponsors and administrators
include:
Asking vendors what security practices they use and how those
measures are validated;
Determining the type and scope of vendors cyber
insurance;
Putting a formal cybersecurity program in place and conduct
annual risk assessments;
Using security measures like encryption, and conducting
periodic training;
Giving users information about common risks, like free WiFi or
improper password hygiene.
These guidelines provide clarity on how EBSA will
interpret regulations on electronic recordkeeping,
(which require plan administrators to put in place reasonable
Now, in
Howard Jarvis Taxpayers Assoc. v. CalSavers
Program, the Ninth Circuit has again found no
preemption. The issue was whether a California law, like
those of six other States (and Seattle and New York City),
see
generally
The Big Apple Joins a Small Crowd, With Possible Headaches for
Local Employers | Beneficially Yours, mandates private
sector employers, which choose not to establish an ERISA plan, to
contribute employee wages to the state to provide pension
benefits. The court found no preemption because the
contributed money becomes a state, not an ERISA, plan
benefit. It is of no moment, the court said, that the
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In Vietnam, sexual harassment in the workplace has long been a
taboo and undiscussed topic. Few employers have comprehensive
policies on sexual harassment, or provide trainings to their
employees. Nevertheless, sexual harassment is undeniably present in
Vietnam, and represents a major obstacle to women s equality in
the workplace and to their rise to leadership positions.
Vietnam has recognized the need to take action against sexual
harassment, and has recently issued comprehensive regulations
addressing the handling of complaints, remedies for victims, and
disciplinary action against perpetrators. In light of these
The US state of Virginia has recently adopted the Virginia Overtime Wage Act, which creates new obligations for employers in relation to paid overtime.