Labor, Employment and Benefits Law Update, December 2010



Mid-Term Elections Derail Labor Law Initiatives, But Agencies Press On
By Bruce J. Douglas
Mid-term elections may have derailed some labor law initiatives, but it would be a mistake to assume that a reprieve in this area means government regulation of employment has been haltedRead more...

The Minnesota Supreme Court’s Decision in Bahr v. Capella University:
A Plaintiff’s Minnesota Human Rights Act Reprisal Claim Requires More Than Just a Subjective Belief That the Employer Violated the Law
By Sejal Desai Winkelman 
A recent Minnesota Supreme Court decision clarifies what is required to establish a reprisal claim under Minnesota’s Human Rights Act.  Read more...

U.S. Department of Labor’s OSHA Reports Decline in Work-Related Injuries and Illnesses
By Carrie L. Zochert
OSHA reports that the total number of reported non-fatal, work-related injuries and illnesses that required time off to recuperate declined in 2009 by nine percent.  Read more...

In-Plan Roth Conversions
The Small Business Jobs Act of 2010 added a provision that 401(k) plans that have a Roth deferral option can permit in-plan conversions of non-Roth funds to the Roth account.  The IRS has issued guidance on the procedures that plans should use if the plan sponsor elects to add this feature.  Read more...

409A Correction
Non-qualified deferred compensation plans have been subjected to the 409A regulations for several years.  In early 2010 the IRS provided guidelines on how these plans could be corrected to meet these requirements, particularly in regard to failures in the plan documents. Read more...

Target Date Funds
The DOL has issued proposed regulations that will require target date funds to disclose additional information in a consistent manner.  Specifically, the funds will need to disclose the glide path (the change in asset allocation over time) and the date at which the asset allocation becomes static.  Read more...

Contact our Labor and Employment Law Attorneys: 

Email 952.896.3275
Email 952.896.3312
Bruce J. Douglas
Email 952.896.1569
Email 952.896.3288
Chris M. Heffelbower
Email 952.896.1543
Sejal Desai Winkelman
Email 952.896.3325
Carrie L. Zochert
Email 952.896.3353
Julia H. Halbach
Email 952.896.3264
Ashlee M. Bekish
Email 952.896.6701
Contact our Benefits Attorneys:
Todd I. Freeman
Email 952.896.3355 
Email 952.896.3270
Dayle Nolan
Email 952.896.3275
Bruce J. Douglas 
Email 952.896.1569
Mary L. Komornicka
Email 952.896.3225
Chris M. Heffelbower
Email 952.896.1543

This alert is provided as a service to our clients and firm associates.  While the information provided in this publication is believed to be accurate, it is general in nature and should not be construed as legal advice.