Wesley Covert

Wesley Covert

Laner Muchin, Ltd.

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Employers Need To Be Aware Of Potential Pitfalls Of Providing Opt-Out Incentives To Company Health Insurance

In recent proposed regulations, the Internal Revenue Service (IRS) addressed how the Affordable Care Act (ACA) impacts the use of employer opt-out incentives, which are payments to employees who decline an employer’s group...more

12/1/2016 - Affordable Care Act Employer Group Health Plans Employer Liability Issues Health Insurance IRS Opt-Outs Penalties

Correction: Employers Could Face Scrutiny, Including From Immigration And Customs Enforcement, If They Cannot Produce Valid Social...

In a September 12, 2016 Fast Laner article, it was incorrectly stated that penalties that could be issued by the IRS for late or incorrect forms submitted pursuant to the Affordable Care Act (ACA) were capped at $1.5 million....more

11/29/2016 - Corrections Employer Group Health Plans Employment Eligibility Verification Form 1095 ICE IRS Penalties Reporting Requirements Social Security Numbers

Latest Wellness Program Litigation A Mixed Bag For Employers

On September 19, 2016, in EEOC v. Orion Energy Sys., Inc., the Eastern District of Wisconsin issued an opinion offering a mixed result to employers related to wellness programs under the Americans with Disabilities Act (ADA)....more

10/11/2016 - ADA EEOC Safe Harbors Voluntary Participation Wellness Programs

Employers Could Face Scrutiny, Including From U.S. Immigration And Customs Enforcement, If They Cannot Produce Valid Social...

In 2016, employers subject to the Affordable Care Act’s (ACA) annual information reporting requirements under Code Sections 6055 and 6056 were required, for the first time, to distribute Form 1095-C reports to their full-time...more

9/16/2016 - Affordable Care Act Form 1095 Health Insurance ICE IRS Reporting Requirements Social Security Numbers

EEOC Issues Final Rules Regarding Workplace Wellness Programs To Better Align HIPAA's Employee Wellness Program Goals And EEOC's...

The Equal Employment Opportunity Commission (EEOC) issued two final rules regarding employer-sponsored wellness programs. The issue arose at the intersection of the Health Insurance Portability and Accountability Act (HIPAA),...more

6/8/2016 - ADA Affordable Care Act EEOC Employer Group Health Plans GINA HIPAA Incentives Popular Wellness Programs

Department Of Labor Audits Are Focusing On Plan Procedures For Locating Missing Vested Participants

The U.S. Department of Labor (DOL) has increased its examinations of the procedures of defined benefit and defined contribution retirement plans for locating and paying out benefits to terminated vested participants whom the...more

4/21/2016 - Audits Defined Benefit Plans Defined Contribution Plans DOL Employee Benefits Fiduciary Duty Missing Persons Plan Administrators Vesting

Increased Litigation Of Worker Misclassification Cases Should Place Employers On Notice Of Potential FLSA Violations

Worker misclassification violations under the Fair Labor Standards Act (FLSA) continue to be at the forefront of the U.S. Department of Labor's (DOL) enforcement priority list and of the plaintiffs' bar, which has filed...more

4/1/2016 - Employer Liability Issues FLSA Independent Contractors Labor Law Violations Misclassification Unpaid Overtime Wage and Hour

New Guidance From IRS Provides Mid-Year Changes To Safe Harbor 401(k) Plans

Prior to the Internal Revenue Services' (IRS) recent issuance of Notice 2016-16 (the Notice), employers that sponsored safe harbor 401(k) retirement plans were uncertain about whether any mid-year changes to their plans would...more

3/7/2016 - 401k Benefit Plan Sponsors Employee Benefits IRS Notice Requirements Retirement Plan Safe Harbors

Applicable Large Employers Should Determine Their Full-Time Employees For ACA Purposes And Prepare For Reporting In 2016

By way of reminder, employers who employ at least 50 full-time employees (including full-time equivalents) on average during the calendar year of 2014 will be required to file Internal Revenue Service (IRS) forms 1095-C and...more

11/23/2015 - Affordable Care Act Employer Mandates Form 1094 Form 1095 Full-Time Employees Large Employer Reporting Requirements Shared Responsibility Rule

The IRS Releases The Benefit Plan Limitations For 2016, Most Limits Remain The Same

The Internal Revenue Service (IRS) recently announced the annual inflation adjustments for 2016 for qualified retirement plans, fringe benefits and health plans. This information may be found on the IRS' website and in...more

11/19/2015 - Compensation & Benefits Contribution Limits Employer Group Health Plans Fringe Benefits Inflation Adjustments IRS Qualified Retirement Plans

Employers Will Begin Receiving Premium Subsidy Award Notices From The Health Care Exchange in 2016

Beginning in 2016, the Centers for Medicare & Medicaid Services (CMS) will begin its process of verifying the eligibility of recipients who receive the Affordable Care Act’s (ACA) advanced premium tax credit to help purchase...more

10/5/2015 - Affordable Care Act CMS Employer Mandates Health Insurance Exchanges Healthcare IRS Large Employer Penalties Premium Subsidies Tax Credits Written Notice

Supreme Court Emphasizes Requirements About Selecting and Monitoring Plan Investments

Plan administrators, investment committees and any other plan fiduciary responsible for selectingthe investment options of an employee benefit plan subject to ERISA should take note of the recent U.S. Supreme Court ruling in...more

9/25/2015 - Breach of Duty Class Action Duty to Monitor ERISA Fiduciary Duty Investment Funds Mutual Funds Retirement Plan SCOTUS Statute of Limitations Tibble v Edison Int Trusts

Court Finds That Plan Administrator Should Comply With Qualified Domestic Relations Order Issued After Retirement Plan...

A recent opinion from the Second Circuit puts retirement plan administrators on notice that adjustments to benefits may be necessary to account for retroactively effective qualified domestic relations orders (QDROs). In...more

9/21/2015 - Divorce Plan Administrators QDRO Retirement Plan Surviving Spouse Trial Court Orders

The Impact Of Obergefell On Employee Benefits

Prior to the Obergefell decision, the U.S. Supreme Court, in U.S. v. Windsor, struck down Section 3 of the Defense of Marriage Act (DOMA), which mandated that federal laws only recognize opposite-sex marriages. As a result of...more

8/26/2015 - Discrimination Equal Protection ERISA Health Insurance Income Taxes Obergefell v. Hodges Retirement Plan Same-Sex Marriage US v Windsor

IRS Overhauls Its Determination Letter Program For Individually-Designed Retirement Plans

The Internal Revenue Service (IRS) recently announced that it will be significantly limiting the employee plan determination letter program for individually-designed qualified retirement plans. Prior to these new changes,...more

8/8/2015 - Employee Benefits IRS Pensions Popular Retirement Plan

IRS Previews Its Administration Of The Cadillac Plan Tax And Seeks Comments On Unresolved Issues

The “Cadillac Tax” of the Affordable Care Act (ACA) is effective for tax years beginning after December 31, 2017. It imposes a 40% excise tax on any “excess benefit” provided to an employee. An excess benefit is the excess,...more

4/2/2015 - Affordable Care Act Cadillac Tax Employer Group Health Plans FSA HRA HSA IRS

Companies Should Monitor Deferred Compensation Arrangements For Section 409A Compliance Purposes

Given the complexity of the rules under Section 409A of the Internal Revenue Code, which govern the timing and taxation of payments made under non-qualified deferred compensation arrangements (NDCAs), companies are encouraged...more

3/16/2015 - Compliance Deferred Compensation Employee Incentive Plans Employment Contract Equity Plans Internal Revenue Code (IRC) IRS Section 409A Severance Agreements Stock Options

IRS Issues Final Forms And Instructions For The New Reporting Requirements For The Employer Shared Responsibility Mandate

As previously reviewed in The Fast Laner, in order to administer and enforce the rules of the Individual and Employer Shared Responsibility Mandates of the Affordable Care Act (ACA), Sections 6055 and 6056 were added to the...more

2/27/2015

Unanimous Supreme Court Decision Eliminates Presumption That Union Retiree Health Benefits Are Vested For Life

In M&G Polymers USA, LLC v. Tackett, the United States Supreme Court invalidated a judicial presumption - commonly referred to as the Yard-Man presumption - that union retiree health care benefits are vested for life in the...more

2/10/2015 - CBAs Employer Group Health Plans Employer Healthcare Costs Health Insurance M&G Polymers v Tackett Retirement SCOTUS Vested Benefits Yard Man

IRS Approves Two New Mid-Year Changes To Cafeteria Plan Elections

The Internal Revenue Service (IRS) recently announced that employees may change their pre-tax health plan payment elections mid-year pursuant to their employer’s cafeteria plan under two new circumstances. ...more

1/2/2015 - Cafeteria Plans Employer Group Health Plans IRS

IRS Issues New Forms And Instructions Regarding The Employer Mandate Information Reporting Requirements Under The ACA

In order to administer and enforce the rules of the Employer Shared Responsibility Mandate, the Affordable Care Act (ACA) added Sections 6055 and 6056 to the Internal Revenue Code, which require insurance providers and...more

10/8/2014 - Affordable Care Act Employer Group Health Plans Employer Mandates Health Insurance IRS Reporting Requirements

Supreme Court Holds That The ACA Mandate To Include Group Health Coverage For Certain Contraceptives Violates The Religious...

On June 30, 2014, the U.S. Supreme Court ruled in a 5-4 decision that closely held, for-profit corporations may claim a religious exemption from the Affordable Care Act’s (ACA) mandate of providing certain types of...more

7/21/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Employer Mandates Healthcare Hobby Lobby SCOTUS

The Final Regulations Clarify The Application Of Orientation Periods To The Affordable Care Act's 90-Day Waiting Period Rule

Earlier this year, proposed regulations pertaining to the 90-day waiting period provision of the Affordable Care Act (ACA) introduced the concept that employers may require new employees to complete a one-month “orientation...more

7/8/2014 - Affordable Care Act Healthcare Waiting Periods

Self-Insured Health Plans May Be Required To Allow Health Care Providers Access To Their Claims And Appeals Process

In a precedent-setting case, a district court in the Northern District of Illinois recently ruled that in-network chiropractors were considered “beneficiaries” under the Employee Retirement Income Security Act of 1974 (ERISA)...more

7/2/2014 - Administrative Appeals Appeals Beneficiaries ERISA Healthcare Self-Insured Health Plans

HHS Creates A New And Limited Special Enrollment Opportunity In States With Federally-Facilitated Health Insurance Exchanges

On May 2, 2014, the Department of Health and Human Services (HHS) released guidance which creates a special enrollment opportunity in states with a federally-facilitated health insurance Marketplace (Marketplace) for...more

5/13/2014 - Affordable Care Act COBRA Health Insurance Exchanges Healthcare HHS

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