Between the Lines Blog

Non-Compete Agreement Litigation: Lessons from Recent Eighth Circuit Case
Category: Employment, Litigation
Litigation over non-compete agreements can be complex, involving simultaneous lawsuits in different states, timely legal maneuvering, and substantial organizational challenges. The stakes are often high. Litigating in this area involves developing a strategy, and constantly revising that strategy…
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Tips for Complying with DOL's Retirement Plan Cybersecurity Guidance
Category: Employment, Information Privacy, Security and Data Rights
”Not if, but when" is a phrase commonly used to describe data breach risk. Holding just under $11 trillion in assets, employer-sponsored retirement plans are a particularly enticing target for cybercriminals. Through audits and best practice guidance, the Department of Labor (DOL) is encouraging…
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COBRA Subsidy Update: IRS provides penalty relief and instructions for applying Employment Tax credits
Category: Employment, Health Care, Insurance Regulatory
On Tuesday, the IRS published Notice 2021-24, which provides penalty relief for an employer’s failure to timely deposit Employment Taxes[1] related to the American Rescue Plan Act’s (ARPA) COBRA subsidy credits. The Notice includes instructions to employers on how to apply COBRA Credits in…
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DOL Publishes Model COBRA Notices and Premium Assistance Guidance
Category: Employment, Health Care, Insurance Regulatory
On April 7, 2021, the U.S. Department of Labor (DOL) posted model COBRA notices and issued FAQ guidance addressing the recently-enacted COBRA coverage subsidy. The FAQ guidance specifies that individuals may be eligible for premium subsidies from April 1, 2021 to September 30, 2021, if they are…
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Injured Workers Cannot Use the Declaratory Judgment Act to Avoid Exclusive Jurisdiction in the Workers' Compensation Commission
Category: Employment, Litigation
The Arkansas Supreme Court recently handed down an opinion that should reassure employers dealing with an incident involving a workplace injury. The Court affirmed that disputes over such injuries belong in the Workers’ Compensation Commission (“Commission”) and that an employee may not utilize the…
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