Casey Fleming

Casey Fleming

Foley & Lardner LLP

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Latest Publications


Does Your Severance Trigger ERISA? Why You Should Care and What You Should Do

Generally speaking, many employers do not think about the Employee Retirement Income Security Act (ERISA) when it comes to severance, whether at the front end, when employment agreements or policies are negotiated and...more

7/28/2016 - Disclosure Requirements Employee Benefits Employment Contract ERISA Hiring & Firing Reporting Requirements Restrictive Covenants Severance Agreements Severance Pay Summary Plan Description

Affordable Care Act Reporting is Here (But May be a Little Late…)

The Affordable Care Act requires “applicable large employers” (generally, employers with 50 or more full-time employees and full-time employee equivalents) to provide individual statements to their full-time employees and to...more

3/3/2016 - Affordable Care Act Applicable Large Employers (ALE) Employer Group Health Plans Form 1094 Form 1095 Good Faith IRS Reporting Requirements

Don’t Forget to Amend Cafeteria Plan for New Permitted Election Change Events

In 2014, the Internal Revenue Service (IRS) expanded the events that would allow employees to drop their health plan coverage under their employer’s cafeteria plan. As a reminder, the general rule is that once an employee...more

12/1/2015 - Affordable Care Act Cafeteria Plans Employer Group Health Plans Health Insurance IRS Look-Back Measurement Period

Is It Time to Switch Gears? Enforceability of Automotive Company Employee Confidentiality Restrictions

Given the large workforces and importance of intellectual property and trade secrets in the automotive industry, automotive companies rely heavily on confidentiality provisions in employment agreements and employee handbooks....more

5/22/2015 - Auto Manufacturers Automotive Industry Car Dealerships Confidentiality Agreements Employee Handbooks Employment Contract Enforcement Actions Popular SEC Trade Secrets

SEC Blows the Whistle on Confidentiality Agreements

Thanks to a recent enforcement action brought by the U.S. Securities and Exchange Commission (SEC), it may be time to review and revise the confidentiality provisions in employment agreements, severance agreements, employee...more

4/15/2015 - Affordable Care Act Best Management Practices Confidentiality Agreements Employee Handbooks Employer Liability Issues Employment Contract Enforcement Actions Internal Investigations Popular SEC Severance Agreements Whistleblower Protection Policies Whistleblowers

Grand Theft PHI – Are Vendors Putting You at Risk for a HIPAA Breach?

Your vendor’s employee goes home after a long day of collecting wellness questionnaires and biometric screening results only to wake up the next day to discover that her car has been stolen from her driveway. As you can...more

12/9/2014 - Biometric Information Data Protection Employer Liability Issues HHS HIPAA PHI Third-Party Service Provider Wellness Programs

IRS Issues 2015 Limits for Qualified Retirement Plans, Health FSAs, and Transportation Fringe Benefits

You know it’s Fall when the leaves turn color, jack-o-lanterns wink in the twilight, the World Series plays on … and the IRS announces new indexed annual limits for employee benefit plans. Sticking to tradition, the IRS...more

11/6/2014 - COLA Flexible Spending Accounts Fringe Benefits Health Insurance IRS Qualified Retirement Plans

Two Important Deadlines Approaching for Self-Insured Group Health Plans

If you sponsor a self-insured group health plan, then November includes two important deadlines: (1) you must obtain a health plan identifier for your plan, and (2) you must report the number of participants for whom a...more

8/27/2014 - Benefit Plan Sponsors Employee Benefits Employer Group Health Plans Healthcare Popular Reinsurance Self-Insurance

IRS' Final Employer Shared Responsibility Rules: Who is an "Applicable Large Employer"?

Earlier this year, the IRS issued final regulations that provide additional guidance on the employer shared responsibility rules (also called the “pay or play” rules) that will generally apply to employers’ group health plans...more

4/25/2014 - Affordable Care Act Employer Mandates Healthcare IRS Pay or Play Shared Responsibility Rule

IRS “Pay or Play” Final Regulations Delay Compliance Date for Certain Employers, Reduce Penalty Exposure for Others

Earlier this week, the IRS issued final regulations that provide additional guidance on the new “pay or play” rules (also called the employer shared responsibility rules) that will generally apply to employers’ group health...more

2/20/2014 - Affordable Care Act Delays Employee Benefits Employer Mandates Healthcare Pay or Play Shared Responsibility Rule

Final “Pay or Play” Regulations Provide Transition Relief for Non-Calendar Year Plans

Last week, the IRS issued final regulations that provide additional guidance on the new “pay or play” rules (also called the employer shared responsibility rules) that will generally apply to employers’ group health plans...more

2/20/2014 - Affordable Care Act Employer Group Health Plans IRS Pay or Play Shared Responsibility Rule Transition Relief

“We have to offer COBRA, When?” The “In Anticipation of Divorce” Rule

Most plan administrators know that the recipe for a group health plan’s COBRA obligation includes three ingredients – a qualifying event that occurs while the individual is covered by the plan that triggers a loss of such...more

2/14/2014 - COBRA Divorce Employee Benefits Employer Group Health Plans

Update on PBGC Premiums

This year, we have both bad and good news for PBGC premiums – while the premium amounts have increased for 2014, the PBGC has also taken action to streamline the payment rules for large plans. Since it’s a rare occasion when...more

2/14/2014 - Employee Benefits PBGC Premiums

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