We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more
9/28/2020
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
COBRA ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Cost-of-Living Adjustment (COLA) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Executive Compensation ,
Families First Coronavirus Response Act (FFCRA) ,
HDHP ,
Health Insurance Portability and Accountability Act (HIPAA) ,
IRS ,
MHPAEA ,
Retirement Plan ,
Trump Administration ,
Year-End Tax Planning
On July 23, 2020, the Secretary of the Department of Health and Human Services ("HHS") issued another 90-day extension regarding free COVID-19 testing. The free COVID-19 testing requirement was set to expire on July 25, but...more
7/30/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Cost-Sharing ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
ICHRA ,
Plan Participants ,
Return-to-Work Agreements ,
U.S. Treasury ,
Virus Testing ,
Workplace Safety
On June 15, 2020, the United States Supreme Court issued a landmark opinion in Bostock v. Clayton County Georgia. At issue in Bostock was whether an employer could fire an employee for being gay or transgender without...more
6/24/2020
/ Affordable Care Act ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Employee Benefits ,
Employer Liability Issues ,
Fringe Benefits ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Section 1557 ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
With the COVID-19 pandemic putting pressure on employers and employees alike, the Department of Labor (“DOL”), Treasury (“Treasury”), and Health and Human Services (“HHS”) (collectively, the “Departments”) continue to issue...more
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“FFCRA”) requiring group health plans to cover COVID-19 testing for free and without preauthorization. This means no deductibles, no...more
In the early hours of Saturday morning, the House of Representatives, in a 363-40 vote, passed HB 6201 entitled the “Families First Coronavirus Response Act” (“FFCRA”). On Friday, before the vote, President Trump tweeted his...more
In enacting the Further Consolidated Appropriations Act, 2020, (the “Act”), Congress, among other changes, enacted the following key changes affecting employer group health plans...more
1/22/2020
/ Affordable Care Act ,
Cadillac Tax ,
Employee Benefits ,
Excise Tax ,
Health Insurance ,
Health Plan Sponsors ,
Healthcare Reform ,
Individual Mandate ,
Legislative Agendas ,
Repeal ,
Self-Insured Health Plans
As 2019 comes to an end, we are happy to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and...more
12/16/2019
/ Benefit Plan Sponsors ,
Best Practices ,
Board of Directors ,
Corporate Governance ,
Deferred Compensation ,
Employee Stock Purchase Plans ,
Equity Compensation ,
Executive Compensation ,
Incentive Stock Options ,
Section 162(m) ,
Section 409A ,
Stock Options ,
Year-End Compliance Checklist ,
Year-End Planning ,
Year-End Tax Planning
As 2019 comes to an end, we are happy to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end...more
11/11/2019
/ 401k ,
Cost-of-Living Adjustment (COLA) ,
Defined Benefit Plans ,
Defined Contribution Plans ,
Employee Benefits ,
Flexible Spending Accounts ,
HDHP ,
Health and Welfare Plans ,
Retirement Plan ,
Year-End Planning ,
Year-End Tax Planning
California recently approved Assembly Bill 1554, adding a flexible spending account notice requirement to § 2810.7 of the California Labor Code. The new law, which takes effect January 1, 2020, states...more
11/5/2019
/ Acquisitions ,
Benefit Plan Reimbursements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Flexible Spending Accounts ,
Labor Code ,
Mergers ,
New Legislation ,
Notice Requirements ,
Preemption ,
Summary Plan Description
As 2019 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health...more
10/18/2019
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
Civil Rights Act ,
COBRA ,
Cost-of-Living Adjustment (COLA) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
HDHP ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Individual Mandate ,
IRS ,
Minimum Essential Coverage ,
OFCCP ,
Retirement Plan ,
Shared Responsibility Rule ,
Title VII ,
TPAs ,
Wage and Hour
Since April 30, 2018, when the landmark California Supreme Court decision in Dynamex Operations West, Inc. v. Sup. Ct. (2018) 4 Cal.5th 903 (Dynamex) was issued, companies across the state have questioned whether the ABC...more
10/1/2019
/ ABC Test ,
Dynamex ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State Labor Laws ,
Wage and Hour
As reported in our November 7, 2018 SW Benefits Blog Zombie Benefits – Are Health Reimbursement Arrangements (“HRAs”) Back From the Dead?, the Departments of Health and Human Services, Labor, and Treasury (the “Agencies”)...more
9/11/2019
/ Affordable Care Act ,
Code Sections 4980H ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Contributions ,
Employer Group Health Plans ,
Final Rules ,
HRA ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs)
On July 17, 2019 the IRS released Notice 2019-45 resolving a preventive care problem that has been plaguing many high deductible health plans (“HDHPs.”). The Affordable Care Act’s free preventive care mandate appears to be...more
8/12/2019
/ Affordable Care Act ,
Chronic Care Managment (CCM) ,
Employee Benefits ,
Employer Group Health Plans ,
HDHP ,
Health Insurance ,
Health Savings Accounts ,
IRS ,
Medical Expenses ,
Out-of-Pocket Expenses ,
Preventive Health Care ,
Safe Harbors
As reported in our 2018 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare, the Section 4980H penalties are still in effect and the IRS is enforcing them. Employers continue to receive Letters 226J, which the IRS...more
As reported in our “2018 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare,” the Tax Cuts and Jobs Act repealed the individual mandate, which spawned a lawsuit challenging the whole of the Affordable Care Act...more
12/19/2018
/ Affordable Care Act ,
Code Sections 4980H ,
Constitutional Challenges ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Health Insurance ,
Healthcare ,
Individual Mandate ,
Reporting Requirements ,
Section 6055 ,
Section 6056 ,
Shared Responsibility Rule ,
Trump Administration ,
Unconstitutional Condition
As 2018 comes to an end, we are happy to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end...more
As 2018 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered...more
As 2018 comes to an end, we are happy to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end...more
11/16/2018
/ 401k ,
457(b) Plans ,
Contribution Limits ,
Cost-of-Living Adjustment (COLA) ,
Defined Benefit Plans ,
Employee Benefits ,
HDHP ,
Health Savings Accounts ,
IRS ,
PCORI ,
Qualified Retirement Plans ,
Retirement Plan
The Affordable Care Act (“ACA”) has not been kind to health reimbursement arrangements (“HRAs”). Many employers got rid of HRAs, or integrated them with a major medical plan, in order to avoid significant penalties under the...more
On August 21, 2018, the IRS released Notice 2018-68 (“Notice”) providing its initial guidance on the Tax Cuts and Jobs Act (“Act”) transition rule for changes made to Section 162(m) of the Internal Revenue Code of 1986, as...more
9/13/2018
/ Contract Terms ,
Corporate Taxes ,
Covered Employees ,
Executive Compensation ,
Hiring & Firing ,
Initial Public Offering (IPO) ,
IRS ,
New Guidance ,
Publicly-Traded Companies ,
Section 162(m) ,
Tax Cuts and Jobs Act
As open enrollment approaches for the 2019 calendar year, below are some items employers may want to consider:
Wellness program changes – Many employers change their wellness programs during open enrollment. This is a...more
8/31/2018
/ Association Health Plans ,
Code Sections 4980H ,
Department of Labor (DOL) ,
Domestic Partnership ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Federal Poverty Line ,
IRS ,
Large Employer ,
Obergefell v. Hodges ,
Open Enrollment ,
Summary of Benefits and Coverage ,
Wellness Programs
On June 21, 2018, the Department of Labor published the final association health plan (“AHP”) rule. 83 FR 28912 (June 21, 2018). The final rule is short, just shy of three pages in length (see page 28961 to 29964), and...more
7/2/2018
/ Affordable Care Act ,
Association Health Plans ,
COBRA ,
Commonality ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Final Rules ,
Health Insurance Portability and Accountability Act (HIPAA) ,
MEWAs ,
Regulatory Agenda
Administering health plans is not the easiest task. Such plans are subject to an alphabet soup of laws, including but not limited to ERISA, the Internal Revenue Code, COBRA, HIPAA, GINA, Mental Health Parity, the ADA, the...more
4/24/2018
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
COBRA ,
Employee Benefits ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Discrimination Rules ,
Wage and Hour ,
Wellness Programs