In July 2016, the U.S. Department of Labor (USDOL), the Internal Revenue Service, and the Pension Benefit Guaranty Corporation released proposed revisions to the Form 5500 Annual Return required for certain ERISA-covered...more
9/5/2018
/ Audits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Filing Requirements ,
Form 5500 ,
Health Plan Sponsors ,
Internal Revenue Code (IRC) ,
IRS ,
Proposed Regulation ,
Reporting Requirements ,
Retirement Plan
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more
12/7/2017
/ Affordable Care Act ,
Appeals ,
Attorney General ,
Decriminalization of Marijuana ,
Electronic Filing ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Workweek ,
Federal Labor Laws ,
Filing Deadlines ,
Fines ,
Gender Discrimination ,
Gig Economy ,
Harassment ,
Independent Contractors ,
IRS ,
Joint Employers ,
LGBTQ ,
Marijuana ,
Misclassification ,
Paid Leave ,
Proposed Legislation ,
Proposed Rules ,
Rest and Meal Break ,
Salary/Wage History ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Tax Penalties ,
Title VII ,
Uber ,
UK ,
Wage and Hour ,
Work Schedules ,
Workplace Illness and Injury Reporting
The IRS quietly revised its FAQ on employer shared responsibility provisions under the Affordable Care Act (ACA) in November, adding a bombshell statement that it plans to inform employers of their “potential liability for an...more
On Saturday, December 31, 2016, a federal judge in Texas entered a nationwide preliminary injunction barring the enforcement of antidiscrimination protections pertaining to transgender and abortion health services and...more
1/5/2017
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Federal Funding ,
Final Rules ,
Health Care Providers ,
Preliminary Injunctions ,
Religious Freedom Restoration Act (RFRA) ,
Secretary of HHS ,
Section 1557 ,
Trump Administration
Last week, employers began receiving notices from the Federal Health Insurance Marketplace / Exchange regarding employees who applied for Exchange coverage and were determined eligible for a tax subsidy to defray part of the...more
It’s common for employers outside the healthcare industry to believe they can avoid issues brought about by the Health Insurance Portability and Accountability Act (HIPAA) and other health plan data laws. After all, most...more
The Supreme Court declined to rule on whether religiously affiliated nonprofits can be required to affirmatively “opt out” of providing contraceptive coverage to their employees, which would have triggered separate...more
While many of us were busy celebrating the holidays, Congress and the IRS were hard at work creating and promulgating revisions to the Affordable Care Act (ACA). Here’s what you need to know about the most recent changes....more
Data breaches with respect to medical information are on the rise, given that such information is generally more valuable on the black market than stolen credit card data. The 2015 breach of healthcare company Anthem, Inc.,...more
The U.S. Supreme Court has held unanimously that a plan fiduciary has a continuing duty to monitor investments offered under a 401(k) plan, a duty that is separate and apart from the duty to exercise prudence in selecting...more
Health Savings Accounts (HSAs) have gained in popularity since the implementation of the Affordable Care Act, but many employers are unclear about how they differ from more traditional Flexible Spending Accounts (FSAs). An...more
It’s that time of year again, when fall weather brings with it a host of legal obligations for plan sponsors running open enrollment. Here’s what you need to know to survive the season....more
The Health Information Technology for Economic and Clinical Health Act (HITECH Act) and subsequent regulations have changed several aspects of compliance with HIPAA, including the way covered entities should think about...more
Keeping up with healthcare reform regulations is a challenge for all employers, but healthcare providers may face unique burdens. Here are the top five issues human resources professionals should keep on their radar as...more
Is charging smokers more for healthcare really legal?
Employees who smoke cost U.S. companies $6,000 more per year than their tobacco-free counterparts, according to a study released this summer by Micah Berman of Ohio...more
The Health Information Technology for Economic and Clinical Health Act (HITECH Act) and subsequent regulations have changed several aspects of compliance with HIPAA, including the way covered entities should think about...more
The U.S. Supreme Court unanimously upheld a contractual clause that limited a participant’s ability to file a lawsuit pursuant to a long-term disability (LTD) policy. The contractual limitation was three years from the date...more
Despite glitches and long wait times, the Health Insurance Marketplace created by the Patient Protection and Affordable Care Act (ACA) came online October 1, 2013, and along with it arrived a new notice obligation for...more
Following a highly-publicized U.S. Supreme Court decision and subsequent guidance from both the Labor Department (DOL) and the Internal Revenue Service (IRS), employers need to rethink how they treat same-sex spouses under...more
11/13/2013
/ Department of Labor (DOL) ,
DOMA ,
Employee Benefits ,
Family and Medical Leave Act (FMLA) ,
IRS ,
Marriage ,
Paid Leave ,
Same-Sex Marriage ,
SCOTUS ,
Unpaid Leave ,
US v Windsor