Tzvia Feiertag

Tzvia Feiertag

Proskauer Rose LLP

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Latest Publications


New EEOC Regulations Provide Roadmap for Wellness Programs

For large employers, the quest to reduce the cost of medical benefits relies in part on helping employees get healthier. Enter the “wellness program,” where employers offer incentives to employees and their families to be...more

6/2/2016 - ADA Affordable Care Act EEOC Employee Benefits Employer Group Health Plans Final Rules GINA HIPAA Incentives Tobacco-Cessation Wellness Programs

The ERISA Litigation Newsletter - February 2016

Editor's Overview - This month's article reviews a few non-ERISA cases before the U.S. Supreme Court, which may, depending on the breadth of the decisions, impact ERISA litigation. First, in Spokeo, Inc. v. Robins, the...more

2/24/2016 - 401k ADA Campbell Ewald v Gomez Class Action Class Certification Class Representatives EEOC Employee Benefits Equitable Lien ERISA IRS M&G Polymers v Tackett Montanile v Board of Trustees Mootness Retirement Plan Providers Rule 23(b)(3) Rule 68 SCOTUS Spokeo v Robins Standing Statistical Sampling Subrogation Tyson Foods v Bouaphakeo Wellness Programs

IRS Significantly Liberalizes Permitted Mid-Year Changes to Safe Harbor Plans

On January 29, 2016, the IRS issued Notice 2016-16 that provides guidance on mid-year changes to a safe harbor plan under sections 401(k) and 401(m) of the Internal Revenue Code. The guidance provides that a mid-year change...more

2/3/2016 - 401k 403(b) Plans Benefit Plan Sponsors Comment Period IRS New Guidance Safe Harbors

The ERISA Litigation Newsletter - January 2016

Editor's Overview - Happy New Year! Because 401(k) plans play an increasingly prominent role as an employee's principal retirement investment vehicle, fiduciaries overseeing those plans face increased pressure to see...more

1/22/2016 - 401k Attorney's Fees Collective Bargaining Agreements (CBA) Data Security ERISA Excessive Fees Free Identity Theft Protection IRS Mootness Plan Administrators SCOTUS Spouses Third-Party Service Provider Tibble v Edison Int US v Windsor

Big Employer Win in Wellness Program Case EEOC v. Flambeau

For the past couple of years, the U.S. Equal Employment Opportunity Commission (EEOC) has been challenging employer wellness programs for their alleged violations of the Americans with Disabilities Act (ADA). The most recent...more

1/20/2016 - ADA Corporate Counsel EEOC Employer Group Health Plans Medical Examinations Safe Harbors Wellness Programs

An Ounce of Prevention…Is Tax-Free: IRS Expands Tax Relief to Pre-Data Breach Identity Theft Protection Services

As reported here after last year’s customer data security breaches at major U.S. corporations, the IRS announced special tax relief for identity protection services provided to individuals affected by a security breach. In...more

1/7/2016 - Data Breach Data Security Free Identity Theft Protection IRS Personally Identifiable Information Tax Exemptions U.S. Treasury

The ERISA Litigation Newsletter - November 2015

Editor's Overview - This month we take a look at how the lower courts have been dealing with claims for retiree health benefits after the U.S. Supreme Court's ruling in M&G Polymers USA, LLC v. Tackett, 135 S. Ct. 926...more

12/1/2015 - ADA Ambiguous Collective Bargaining Agreements (CBA) EEOC ERISA IRS M&G Polymers v Tackett Obergefell v. Hodges Proposed Regulation Retirement Plan SCOTUS Spouses Vesting Wellness Programs

EEOC Grapples with Proposed Rule Comments on Wellness Program; Additional Guidance Expected Soon

As we previously reported, the Equal Employment Opportunity Commission (EEOC) released Proposed Rules on April 16, 2015 to provide guidance under the Americans with Disabilities Act (ADA) on permissible employer incentives...more

10/26/2015 - ADA Confidential Information DOL EEOC Employee Privacy Rights Employer Group Health Plans GINA HIPAA Incentives Medical Records Notice Requirements Proposed Regulation Public Comment Spouses Wellness Programs

EEOC Releases Proposed Rule on Employee Wellness Plans

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) released a long awaited proposed rule on employee wellness programs. The rule is designed to help companies structure such programs to meet their...more

4/21/2015 - ADA Affordable Care Act EEOC HIPAA Popular Reasonable Accommodation Wellness Programs

The ERISA Litigation Newsletter - December 2014

This month's newsletter focuses on how Plan Trustees can appropriately settle ERISA breach of fiduciary duty claims in order to achieve "complete peace." The article provides a check list and discusses strategies for handling...more

12/23/2014 - Benefit Plan Sponsors Breach of Duty ERISA Fiduciary Duty Plan Administrators

IRS to Close “Loophole” on “Sub-Standard” Plans without Hospitalization or Physician Services Coverage

On November 4, 2014, the Internal Revenue Service (“IRS”) announced that it intends to close a perceived “loophole” in health care reform. This so-called loophole allows employers to offer low cost health plans that don’t...more

11/7/2014 - Affordable Care Act Employer Mandates IRS Minimum Essential Coverage

The ERISA Litigation Newsletter - October 2014

Editor's Overview - The first article in this month's newsletter focuses on whether specific language in ERISA employer-provided disability insurance plans confer discretionary authority to plan administrators to...more

10/22/2014 - Delegation of Discretion Disability Insurance Employee Benefits ERISA Plan Administrators

IRS to Amend Cafeteria Plan Regulations to Facilitate Enrollment in Marketplace Coverage

On Thursday, September 18, 2014, the Internal Revenue Service (“IRS”) released Notice 2014-55, which expands the cafeteria plan “change in status” rules to allow plans to offer employees an option to revoke their elections...more

9/23/2014 - Affordable Care Act Cafeteria Plans Employer Group Health Plans Health Insurance IRS Public Health Insurance Marketplace

The ERISA Litigation Newsletter

Editor's Overview - This month's newsletter focuses on repayment of pension plan overpayments. Our issue discusses pension plan overpayments to participants, a plan administrator's duties to seek repayment, corrections...more

9/2/2014 - Employee Benefits ERISA Income Taxes Overpayment Pensions

More Post-Windsor Tax Guidance: IRS Issues Letter Outlining Steps for Individuals to Obtain Tax Refunds for Same-Sex Spousal...

On June 27, 2014, the IRS published a letter outlining the steps taxpayers should take in order to obtain a refund for taxes paid on the value of employer-sponsored health coverage provided to an employee’s same-sex spouse....more

7/21/2014 - Employer Group Health Plans Interpretive Letters IRS Same-Sex Marriage Tax Refunds US v Windsor

The ERISA Litigation Newsletter - March 2014

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are...more

3/12/2014 - Attorney-Client Privilege Confidential Communications ERISA Fiduciary Duty Legal Advice Privilege

Coverage of Dependents: Final “Pay-or-Play” Regulations Exclude Stepchildren and Others; Extend Prior Transitional Relief

As previously reported, the IRS recently released final regulations on the Affordable Care Act’s (ACA) employer “shared responsibility” provisions, also known as the “pay-or-play” mandate. Under the mandate, in order to avoid...more

2/24/2014 - Affordable Care Act Dependent Care Exclusions Foster Children IRS Pay or Play Shared Responsibility Rule Stepchildren Transition Relief

New FAQs on ACA Extend Fully-Insured Expatriate Health Plan Transitional Relief by “At Least” Another Plan Year and Clarify Scope,...

As reported, the U.S. Labor Department, the U.S. Department of Health and Human Services and the U.S. Treasury Department (together, the “Departments”) recently issued additional FAQs regarding implementation of the market...more

1/13/2014 - Affordable Care Act DOL Expatriates Healthcare Healthcare Reform HHS U.S. Treasury

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment...more

11/22/2013 - Affordable Care Act Class Action Class Certification Comcast Competition Damages Discrimination Dukes v Wal-Mart ERISA FICA Taxes Flexible Spending Accounts Gender Discrimination Healthcare Healthcare Reform HRA IRS Penalties Rule 23 Same-Sex Marriage SCOTUS Section 409A Severance Pay Tax Refunds US v Windsor Wal-Mart

Additional Post-Windsor Guidance – IRS Releases Optional Streamlined Procedures for Employers to Make Claims for Refunds or...

Continuing its implementation of the United States Supreme Court decision in U.S. v. Windsor, the Internal Revenue Service (IRS) recently issued Notice 2013-61, which provides guidance for employers to make claims for refunds...more

10/8/2013 - FICA Taxes Income Taxes IRS Same-Sex Marriage Tax Refunds US v Windsor

The ERISA Litigation Newsletter - September 2013

Editor's Overview - Health care issues make the headlines once again in this month's ERISA Litigation Newsletter. Tzvia Feiertag first provides practical and timely tips for insured ERISA health plan sponsors on...more

9/18/2013 - Benefit Plan Sponsors DOL DOMA Employee Benefits ERISA Healthcare MLR Rebate Same-Sex Marriage SCOTUS US v Windsor

Year Two of Medical Loss Ratio Rebates: Five Tips for Insured ERISA Health Plan Sponsors

The Affordable Care Act’s medical loss ratio (“MLR”) rule requires health insurance companies (but not self-insured plans) in the group or individual market to provide an annual rebate to enrollees if the insurer’s MLR falls...more

9/11/2013 - Affordable Care Act DOL ERISA Healthcare IRS Medical Loss Ratio MLR Rebate

Special Alert for Employers and Other Benefit Plan Sponsors: How Will the Supreme Court's DOMA Decision Impact Your Employee...

On June 26, 2013, the U.S. Supreme Court issued a decision that will affect virtually all employers across the country. In United States v. Windsor, the Court ruled in a 5-4 decision that Section 3 of the federal Defense of...more

7/9/2013 - DOMA Employee Benefits Employer Group Health Plans Employer Mandates Equal Protection Essential Health Benefits FMLA Marriage Pensions Same-Sex Marriage SCOTUS US v Windsor

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