News & Analysis as of

Department of Labor (DOL) Eligibility

Proskauer - Government Contractor Compliance...

VETS-4212 Deadline Quickly Approaching: File by September 30, 2023

As we previously posted, federal contractors and subcontractors meeting the VEVRAA eligibility threshold (“Covered Contractors”) have until September 30, 2023 to file their VETS-4212 Reports....more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - May 2023

The May Monthly Minute examines a recent Seventh Circuit decision upholding unambiguous plan language against class action attack, the status of the federal IDR process under the No Surprises Act, and the DOL’s recent...more

Husch Blackwell LLP

Employer Compliance Guidance: Remote Worker Eligibility for FMLA Benefits

Husch Blackwell LLP on

Not surprisingly, simple solutions to complex issues are often elusive. Yet on rare occasions, the solution is in plain sight. Doubtful? For employers struggling with the issue of a remote employee’s eligibility for...more

McDermott Will & Emery

How to Apply the IRS’s COBRA Premium Subsidy Guidance

On May 18, 2021, the Internal Revenue Service (IRS) issued much-anticipated Notice 2021-31 (the Notice) regarding the Consolidated Omnibus Budget Reconciliation Act (COBRA) premium subsidy provisions of the American Rescue...more

Lowenstein Sandler LLP

IRS Issues COBRA Subsidy Guidance

Lowenstein Sandler LLP on

On March 11, President Biden signed into law the American Rescue Plan Act of 2021 (ARPA), which provides temporary premium assistance for health, dental, and vision coverage under the Consolidated Omnibus Budget...more

Faegre Drinker Biddle & Reath LLP

IRS Guidance on New COBRA Subsidy Clarifies Many Outstanding Questions

On May 18, 2021, the IRS released Notice 2021-31, a lengthy series of FAQs clarifying many aspects of the new COBRA subsidy made available under the American Rescue Plan Act of 2021 (ARPA). The FAQs address many of the issues...more

Verrill

ARPA Premium Subsidy: Long-Awaited Details Finally Arrive

Verrill on

The IRS recently issued Notice 2021-31, which provides much sought-after detail regarding the contours and operation of the temporary premium subsidy for COBRA continuation coverage available through the American Rescue Plan...more

Fisher Phillips

IRS Addresses Lingering Employer Questions Regarding COBRA Premium Assistance and Corresponding Tax Credits under the American...

Fisher Phillips on

The American Rescue Plan Act (ARPA) provides for 100% premium assistance to certain qualified beneficiaries for continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) for periods of...more

Cole Schotz

United States Department Of Labor Issues Guidance Clarifying COBRA Subsidy Under The American Rescue Plan Act Of 2021

Cole Schotz on

As part of the American Rescue Plan Act of 2021 (“ARPA”), Congress enacted a temporary Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) subsidy for certain individuals for coverage periods from April 1, 2021...more

McDermott Will & Emery

Return to Work Childcare Considerations for Remote & In-Person Workers

McDermott Will & Emery on

As students begin a new school year, employers in the United States face a new challenge–childcare-related leave and accommodation requests by employees. With widespread remote learning and evolving legal obligations to...more

Sheppard Mullin Richter & Hampton LLP

DOL Revises FFCRA Regulations in Light of New York Federal Court Decision

As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting...more

Carlton Fields

Three Timely Benefits Items Everyone Should Know

Carlton Fields on

Carlton Fields tax attorney Lowell Walters discusses three timely employee benefits issues: using employee benefits to reduce expenses; helping retirement plan participants in an inconsistent investment market; and, the...more

Dentons

Back to School Brings a New Wave of COVID-19 Policies and Questions

Dentons on

With many families facing uncertainty involving their children’s schools, questions about the applicability of the Emergency Family and Medical Leave Expansion Act (E-FMLEA) provided under the Families First Coronavirus...more

Payne & Fears

NEW DOL GUIDANCE: Remote and Hybrid Schooling and FFCRA Eligibility

Payne & Fears on

On August 27, 2020, the Department of Labor updated its Families First Coronavirus Response Act: Questions and Answers to address eligibility for FFCRA benefits in light of the complexity school program offerings.   The...more

Robinson & Cole LLP

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

Robinson & Cole LLP on

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First...more

Cozen O'Connor

New York Federal Judge Strikes Down Portions of Dept. of Labor’s Emergency Paid Leave Rules

Cozen O'Connor on

On March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA), which provided up to two weeks of paid sick leave and an additional 10 weeks of paid family and medical leave to certain eligible...more

Spilman Thomas & Battle, PLLC

In Case You have Nothing Else to Do, the DOL has Changed Their Approved FMLA Paperwork (but It's Not that Big of a Deal)

While most employers and HR departments still are addressing issues related to the COVID-19 pandemic, the U.S. Department of Labor ("DOL") issued new standard forms for handling Family and Medical Leave Act ("FMLA") claims....more

Morgan Lewis

Trade Adjustment Assistance Petitions: What Businesses Need to Know

Morgan Lewis on

During the coronavirus (COVID-19) pandemic and related economic downturn, businesses that have laid off workers may be more likely to receive a request for business information from the US Department of Labor in connection...more

Brooks Pierce

New Proposed Regulations Expand Employee Overtime Eligibility

Brooks Pierce on

On March 7, 2019, the Department of Labor released its long-awaited proposed rules addressing which employees may be eligible for overtime pay. Specifically, the proposed regulations raise the salary threshold from the...more

BCLP

Does An Employer Have FMLA Obligations Even Before An Employee Satisfies the Eligibility Requirements For Taking FMLA Leave?

BCLP on

In a word: Yes. In fact, there are many. The most notable obligation under the Family and Medical Leave Act – the obligation to provide protected leave for a qualifying reason – does not apply until the employee has become...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - October 2016

Proskauer Rose LLP on

Editor's Overview - This month, we look at the implications of the two federal district court cases from California that applied the ban on discretionary clauses typically found in ERISA plans to self-insured plans. The...more

Proskauer - Employee Benefits & Executive...

Final Regulations on Orientation Periods Released

On June 20, the Federal regulatory agencies in charge of health care reform guidance (the Departments of Labor, Treasury, and Health and Human Services) released final regulations (“Final Regulations”) clarifying the...more

Cozen O'Connor

Health Care Reform Implementation Update - February 26, 2014

Cozen O'Connor on

Though Congress was in recess this past week, congressional staff was hard at work continuing to consider ways to prevent a cut to Medicare providers’ payment rates that will be triggered by the sustainable growth rate...more

Franczek P.C.

FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?

Franczek P.C. on

Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?...more

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

Final Wellness Regulations Clarify Rules For Discounts Linked To Health Results

The Internal Revenue Service (IRS), the Department of Labor (DOL), and the Department of Health and Human Services (HHS), the three federal agencies with primary responsibility for implementing the Affordable Care Act (ACA),...more

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