News & Analysis as of

Publication of New Jersey Gender Equity Notice Triggers Obligations

On January 6, New Jersey employers must begin complying with new posting and notice requirements under the New Jersey Equal Pay Act. On December 11, the New Jersey Department of Labor and Workforce Development (NJDOL)...more

A WARNing for Related Entities

When are related entities part of one “employer” under the WARN Act? When they function as one employer. In Guippone v. BH S&B Holdings LLC et al., No. 12.183-cv, 2013 WL 6439354 (2nd Cir. Dec. 10, 2013), the 2nd Circuit...more

Senate "Misclassification" Bill Bears Watching

Yet another "misclassification" bill introduced in the U.S. Senate would impose new prohibitions, requirements, and penalties relating to categorizing a worker as being either an employee or a non-employee. The "Payroll Fraud...more

ACA Requires October 1, 2013 Notice

All employers subject to the Fair Labor Standards Act are required by the Department of Labor (“DOL”) to give notice to their employees regarding the Affordable Care Act (“ACA”). The DOL Techncial Release 2013-02 describes...more

Save The Date: Oct. 1, 2013 — ACA Open Enrollment Begins

A fundamental feature of the Patient Protection and Affordable Care Act (“ACA” or “Act”) is the introduction of health care exchanges, or marketplaces, where individuals and small businesses may purchase “affordable” and...more

Newsletter: Exchange Notice to be Delivered to All Employees by October 1, 2013

As part of the ongoing compliance efforts related to the Patient Protection and Affordable Care Act (PPACA), employers who are subject to the federal Fair Labor Standards Act (FLSA) must provide notice to their employees of...more

DOL FAQ Confirms No Penalty For Failure To Distribute Exchange Notice, Obligation Still Remains

On Wednesday, September 12, the Employee Benefits Security Administration (EBSA), which is a division of the Department of Labor (DOL), released another FAQ indicating that no penalty or fine will be applied for failing to...more

Health Reform Update September 2013: Health Insurance Marketplace/Exchange Notices

All employers who are subject to the Fair Labor Standards Act are supposed to provide a Notice by October 1, 2013 to all employees informing them about health insurance available through the Marketplace/Exchange. The DOL...more

EmployerLINC Employee Benefits Alert - No employer penalties for lack of exchange notice

Under the Affordable Care Act (ACA), an employer subject to the Fair Labor Standards Act must provide a written notice to current employees about the Health Insurance Marketplace (the “Exchange Notice”) by October 1, 2013,...more

The Modern Workplace: Focus on Benefits

Health Exchange Notice Due to Employees by October 1 - We all breathed a huge sigh of relief when the Obama Administration announced that the employer mandate under health care reform would be postponed until 2015. ...more

Complying with the Affordable Care Act’s Exchange Notice Requirement

The Patient Protection and Affordable Care Act (the “Act”) amends the Fair Labor Standards Act (“FLSA”) to require employers of all sizes to provide their employees a notice of the availability of coverage through public...more

The Clock is Ticking -- October 1 Deadline Approaches for Employers to Issue Health Care Exchange Notice

U.S. Department of Labor (DOL) guidance issued under the Affordable Care Act (ACA) requires employers to provide employees with a notice regarding health care exchanges (now called "marketplaces"). ...more

October 1, 2013 Deadline for Notice to Employees of Coverage Options Under the Affordable Care Act

An important deadline under the Affordable Care Act is rapidly approaching. By no later than October 1, 2013, all employers must distribute a notice to all current employees to inform them of certain health coverage options...more

Notice Of Coverage Options In Exchange Distributable To Employees By October 1, 2013 Under Health Care Reform Act

Update: On July 2, 2013, the Treasury Department posted a blog announcing its intention to delay – until January 1, 2015 – the employer shared responsibility and related requirements of the Health Care Reform Act, and that...more

DOL Guidance on Notice of Exchange Options

New notice describing availability of Exchange coverage must be provided by October 1, 2013. ...more

DC Circuit Invalidates Mortgage Loan Officer “Administrator Interpretation” Because Department of Labor Failed to Comply With...

On March 24, 2010, the United States Department of Labor, Wage & Hour Division (“WHD”) issued an “Administrator’s Interpretation” declaring that employees who perform the typical job duties of a mortgage loan officer do not...more

Notice to Employees Regarding Health Insurance Exchange Coverage Options

Beginning January 1, 2014, individuals and employees of small businesses will be able to purchase medical coverage through state and federal health insurance exchanges (the “Marketplaces”). These Marketplaces will offer...more

DOL Issues Initial Guidance Describing Proposed Lifetime Retirement Income Notices

New guidance issued by the U.S. Department of Labor (DOL) aims to help participants and beneficiaries with the “decumulation” phase of retirement planning by requiring sponsors to provide illustrations of lifetime retirement...more

The ERISA Litigation Newsletter - June 2013

Our articles this month focus on health care reform. First, Jim Napoli and Brian Neulander comment on the potential for litigation under the Affordable Care Act's (ACA's) whistleblower protections and ERISA Section 510 as a...more

Employers Must Comply With New DOL Notice Requirement Regarding Health Care Exchanges Under Affordable Care Act

On May 8, 2013, the Department of Labor (DOL) released new guidance imposing notice requirements on employers regarding the health care exchanges that are a key element of the Affordable Care Act. ...more

Affordable Care Act Update

On May 8, 2013, the U.S. Department of Labor (DOL) issued temporary guidance for employers to help them meet their obligations to notify employees of their health insurance exchange coverage options. State health insurance...more

Labor Department Intends To Require Added Information On 401(k) Statements

The United States Department of Labor (the "Department") has indicated it will propose a new rule that requires qualified participant 401(k)retirement plan statements to show the monthly income the participant can expect to...more

New Notice Requirements To Employees Regarding Health Insurance Exchanges And COBRA

All employers who employ one or more employees and are subject to the Fair Labor Standards Act (“FLSA”) must provide a new notice to employees no later than October 1, 2013 regarding the availability of health coverage under...more

USDOL Issues ACA Guidance For Employers On Mandatory Health Care Coverage Notices

Earlier this month the U.S. Department of Labor (“DOL”) released Technical Release 2013-02 which provides guidance on the Affordable Care Act’s (“ACA”) requirement that employers provide all employees with notice of health...more

U.S. Department Of Labor Issues Model Notices Of Health Insurance Options

By October 1, 2013, most employers will be required to provide their current employees and new hires with notices of health insurance options. The notice is required to, among other things, inform employees of the existence...more

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