News & Analysis as of

Consolidated Omnibus Budget Reconciliation Act Family and Medical Leave Act (FMLA)

Jackson Lewis P.C.

Employer-Provided Health Coverage During Employee Leaves of Absence

Jackson Lewis P.C. on

When an employee is on an extended leave of absence, there is often confusion regarding whether and to what extent the employer must continue to provide coverage to the employee under the employer-provided health plan. To...more

Jackson Lewis P.C.

A USERRA Leave Primer for Manufacturing Employers

Jackson Lewis P.C. on

Manufacturers rely on consistent employee attendance to operate production lines and meet critical delivery deadlines to customers. The best-laid production plans can be disrupted by employee absences leaving a gap in the...more

Mintz - Employment Viewpoints

Final Regulations Issued by Massachusetts Department of Family and Medical Leave – Health Maintenance During Leave

On January 6, 2023, the Massachusetts Department of Family and Medical Leave (DFML) published new Paid Family and Medical Leave (MAPFML) regulations (the 2023 Regulations). These regulations make changes to Section 458 CMR...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Hurricane Ian and Preparing for Landfall: Employer Best Practices in the Face of a Natural Disaster

Hurricane Ian is expected to make landfall somewhere between Tampa, Florida, and the Florida panhandle this week as a Category 4 hurricane according to the National Hurricane Center. Evacuation orders have been issued and,...more

Parker Poe Adams & Bernstein LLP

Employers Should Provide FMLA Leave Even if Employee is Unlikely to Return to Work

​​​​​​​A client recently received a demand letter from an attorney representing a former employee who suffered a serious neurological incident. The employee’s spouse provided a doctor’s note indicating that the employee could...more

Schwabe, Williamson & Wyatt PC

Employer Provided Travel Benefits in Response to Dobbs and State Prohibitions on Abortion

The implications of the United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization that overturned Roe v. Wade’s constitutional right to abortion have had sweeping implications that affect...more

Mintz - Employment Viewpoints

Health Insurance Maintenance During Massachusetts Paid Family and Medical Leave - Draft Regulations Issued

The Massachusetts Department of Family and Medical Leave (DFML) recently posted proposed changes to its Paid Family and Medical Leave (MAPFML) regulations. For the time being, these changes are presented as a “draft markup”,...more

Smith Debnam Narron Drake Saintsing & Myers,...

Never Fear, The American Rescue Plan Is Here

The Biden administration has hit the ground running with several items on its agenda which impact the employment relationship. On March 12, the American Rescue Plan was passed by Congress and signed into law. This new law...more

Jackson Lewis P.C.

Washington Amends High-Risk Employee Proclamation To Expand Medical Verifications

Jackson Lewis P.C. on

Washington State Governor Jay Inslee has amended the High-Risk Employee Proclamation, making it easier for employers to seek medical verification from employees of whether they are high-risk for COVID-19 and what...more

Verrill

Identifying Plan Assets in ERISA Health & Welfare Plans

Verrill on

Last month, we advised readers of this blog to consider efforts to formalize the fiduciary governance of their health and welfare benefit plans. In that post, we described some of the reasons that employers have historically...more

Eversheds Sutherland (US) LLP

American Rescue Plan saves employers from two months without legislation

On March 11, 2021, President Biden signed the American Rescue Plan Act (the Act), which includes some notable changes and relief for employers and employee benefit plans. The Act expands the section 162(m) deduction...more

Perkins Coie

Variable Hour Employee Benefits Eligibility under COVID-19

Perkins Coie on

Are Employees Receiving a Lavish Gift This Holiday Season or an Unintended Lump of Coal in Their Stockings? COVID-19 has forced many employers to make unanticipated changes to their workforce, with many retailers rolling...more

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2020

Jackson Lewis P.C. on

Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more

McNees Wallace & Nurick LLC

Employer-Provided Health Coverage During the Reign of COVID-19

Over the past several weeks, human resources and employee benefits professionals (and their attorneys) have been scrambling to assemble staffing plans, telework arrangements and strategies for complying with the paid leave...more

Bass, Berry & Sims PLC

COVID-19: Health and Welfare Plan Issues

Bass, Berry & Sims PLC on

This set of FAQs is part of a series dealing with the impact of COVID-19 on businesses. Government-mandated protocols and social distancing directives as a result of the COVID-19 pandemic have led to significant business...more

Miller Canfield

Understanding Health Insurance Issues Related to Layoffs and Furloughs

Miller Canfield on

Employers face unprecedented workforce population challenges as a result of the coronavirus (COVID-19) pandemic, which impacts vital employee health benefits. Indeed, many employers are being forced to consider and implement...more

Fox Rothschild LLP

How Workforce Changes In Response To COVID-19 Affect Group Health Plans

Fox Rothschild LLP on

Numerous workforce changes are happening in connection with the COVID-19 pandemic. In addition to the surge of employees now working from home, many employers must take other personnel actions such as reducing work hours,...more

Stoel Rives LLP

COVID-19: Employer FAQs

Stoel Rives LLP on

To assist employers navigating these difficult and unprecedented times, below are some frequently asked questions and answers. These FAQs provide general guidance only and are not intended to serve as legal advice. Our...more

Poyner Spruill LLP

Work in the Time of COVID-19: FAQs for Employers

Poyner Spruill LLP on

Employee Benefit Questions - If I furlough or lay off employees, can I continue some or all of their benefits during the leave? There may be ways to continue some or all benefits during a furlough or layoff.  Each plan...more

Parker Poe Adams & Bernstein LLP

Delaying COBRA Notice Past Eligibility Date Risks Insurer Refusing to Pay Claims

During the past year, we have encountered a number of situations where employers have allowed current and former employees to remain on their group medical insurance plans well past the date that they should have been placed...more

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on

This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more

Winstead PC

Hurricane Harvey Deployment - Revisiting Leave Issues

Winstead PC on

It is important for employers to remember that important employee leave issues may arise in the wake of a natural disaster like Hurricane Harvey. Any employer may receive requests for leaves related to Hurricane Harvey and...more

Littler

When Tragedy Strikes: How Employers Can Assist Employees Affected by Mass Shootings and Disasters

Littler on

In the early morning hours of June 12, 2016, 49 innocent people lost their lives in a mass shooting in the Pulse nightclub in Orlando, Florida. This mass shooting, the deadliest in U.S. history, has left the City of Orlando...more

Maynard Nexsen

2015 Employment and Labor Law Final Exam - Answer Key

Maynard Nexsen on

Thank you to everyone who participated in this year's employment and labor law final exam. We hope it was challenging and informative. Congratulations to Marla Guenther of Hilton Head Hospital and Ruth Pastula of Georgetown...more

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