The IRS and DOL issued guidance on May 4, 2020 that adds a new level complexity to COBRA administration for employer-sponsored plans. In short, the relief suspends many key participant deadlines during the so-called...more
On May 1, 2020, the Department of Labor released new versions of its model COBRA notices, adding a new action item for employers facing a contracting workforce and a growing wave of participant litigation....more
Enacted on Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (H.R. 748, the “CARES Act” or the “Act”) is intended to stimulate the U.S. economy in light of the COVID-19 pandemic....more
On March 11, 2020, the IRS issued Notice 2020-15, allowing health savings account (HSA)-compatible high deductible health plans (HDHPs) to provide coverage for testing and treatment of COVID-19-related services without an...more
3/16/2020
/ China ,
Clinical Laboratory Testing ,
Coronavirus/COVID-19 ,
Crisis Management ,
Deductibles ,
Emergency Management Plans ,
Emergency Response ,
Employee Benefits ,
Employer Group Health Plans ,
HDHP ,
Health Insurance ,
Health Savings Accounts ,
Infectious Diseases ,
IRS ,
Medical Benefits ,
Medical Examinations ,
New Guidance ,
Public Health
Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past...more
9/3/2019
/ #MeToo ,
Affordable Care Act ,
Ban the Box ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Labor Shortage ,
LGBTQ ,
Marijuana ,
Misclassification ,
OFCCP ,
Pay Equity Laws ,
Rate of Pay ,
Right to Work ,
Salary/Wage History ,
Sexual Harassment ,
Silica ,
Transgender ,
Unemployment ,
USCIS ,
Visas ,
Wage and Hour ,
Workplace Safety
On May 24, 2019, the U.S. Department of Health and Human Services (HHS) issued new proposed regulations interpreting Section 1557 of the Affordable Care Act (ACA), which contains the ACA’s anti-discrimination provisions....more
7/11/2019
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
Proposed Regulation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
A federal court struck down key portions of the new association health plan (AHP) regulations last week, just days before the fledgling rules for self-insured medical plans were slated to go into effect regarding...more
On December 14, 2018, a Texas federal court declared the entire Affordable Care Act (ACA) unconstitutional. Despite this broad holding (and clickbait headlines), employers should not expect to see any significant changes to...more
The Departments of the Treasury, Labor, and Health and Human Services (collectively, the “Departments”) recently released a proposed rule to expand the use of health reimbursement arrangements (HRAs) and other account-based...more
11/28/2018
/ Affordable Care Act ,
Comment Period ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Mandates ,
Health Insurance ,
Healthcare Reform ,
HRA ,
Proposed Rules ,
Trump Administration
New guidance issued by the Massachusetts Department of Revenue requires Massachusetts employers with six or more employees to file an annual health insurance responsibility disclosure (HIRD) form. The form became available on...more
Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more
9/4/2018
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Association Health Plans ,
Ban the Box ,
Compensation & Benefits ,
Criminal Background Checks ,
DACA ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Gig Economy ,
H-1B ,
Health Insurance ,
Immigrants ,
Independent Contractors ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Pay Equity Laws ,
Persuader Rules ,
Sexual Harassment ,
Sharing Economy ,
Unemployment ,
Wage and Hour
On June 19, 2018, the Department of Labor issued its highly anticipated final rule expanding the availability of association health plans (“AHPs”). ...more
6/22/2018
/ Affordable Care Act ,
Association Health Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Health Insurance ,
Healthcare Reform ,
MEWAs ,
Regulatory Reform ,
Regulatory Requirements
Acknowledging “numerous unanticipated administrative and financial burdens,” the IRS officially revoked its earlier attempt to lower the 2018 health savings account (HSA) contribution limits. ...more
4/30/2018
/ Contribution Limits ,
Employee Benefits ,
Employer Group Health Plans ,
Health Insurance ,
Health Savings Accounts ,
Healthcare ,
HSA ,
Internal Revenue Code (IRC) ,
IRS ,
Tax Cuts and Jobs Act ,
Tax Planning
On April 7, 2017, the Treasury Inspector General for Tax Administration (TIGTA) published a report on the “Assessment of Efforts to Implement the Employer Shared Responsibility Provision.” This report1 provides clues to the...more
In proposed regulations published on February 17, 2017, the U.S. Department of Health and Human Services (HHS) has suggested several adjustments designed to help stabilize the individual health insurance market – particularly...more
Until the United States Supreme Court decision in United States v. Windsor, 570 U.S. ___ (2013), the Defense of Marriage Act (DOMA) required employers providing subsidized benefits to same-sex spouses and domestic...more
After months of speculation, on August 29, 2013, the Internal Revenue Service published formal guidance on the treatment of same-sex spouses under the Internal Revenue Code. In Revenue Ruling 2013-17, the IRS confirmed that a...more
9/17/2013
/ Civil Unions ,
Compliance ,
DOMA ,
Employee Benefits ,
IRS ,
Marriage ,
Payroll Taxes ,
Same-Sex Marriage ,
SCOTUS ,
U.S. Treasury ,
US v Windsor
On June 26, 2013, the Supreme Court issued its long-awaited decision in Windsor v. United States, No. 12-307. The Court ruled (in a 5-4 decision) that the section of the Defense of Marriage Act (DOMA) that required federal...more
7/10/2013
/ 401k ,
Civil Unions ,
Divorce ,
DOMA ,
Domestic Partnership ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Healthcare ,
Life Insurance ,
Marriage ,
Qualified Retirement Plans ,
Retirement Plan ,
Same-Sex Marriage ,
US v Windsor