News & Analysis as of

Flexible Spending Accounts Employee Retirement Income Security Act (ERISA)

Sullivan & Worcester

Winter 2023 Employment and Benefits Updates

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SECURE 2.0 Act - As part of a large year-end piece of legislation, the provisions known as SECURE 2.0 Act of 2022 (“SECURE 2.0”) were enacted into law. SECURE 2.0 represents a broadly bipartisan piece of legislation that...more

Clark Hill PLC

2023 Benefits Limits

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Happy Holidays! Employee benefits limits for 2023 have been promulgated by the government. Click the link below to view 2022-2023 comparisons of important employee benefits limits. ...more

Lowenstein Sandler LLP

Reproductive Rights: FAQs for Employers in New Jersey

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GENERAL INFORMATION- Is abortion still legal in NJ?- Yes, abortion is still legal in New Jersey. Abortion is an independent and fundamental right protected by both the New Jersey Constitution and state legislation....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

Post-Dobbs Abortion-Related Travel Benefits: Surveying Employers’ Options

In a previous post, we reported on the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization which reversed Roe v. Wade, and renders a woman’s right to make decisions regarding, and seek medical treatment...more

Sullivan & Worcester

Year-End Limit, Vaccine and Credit Updates

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The Federal Vaccine Mandate - Preparing for OSHA's COVID-19 Requirements - The Occupational Safety and Health Administration ("OSHA") has released an Emergency Temporary Standard ("ETS") regarding COVID-19-related compliance...more

Groom Law Group, Chartered

Congress Finalizes COVID-19 Legislation With Health, Tax, and Retirement Changes

On March 10, 2021, the House of Representatives passed the version of the American Rescue Plan Act (H.R. 1319, the “Act”) previously passed by the Senate on March 6. President Biden is expected to sign the legislation on...more

Jackson Lewis P.C.

COVID-19 Deadline Extensions—No More Time Outs But No Single Deadline Either!!

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We recently provided an update on the looming end date for COBRA and other deadline extensions and the uncertainty that continues to add to the administrative burdens without more clarity from the DOL and IRS. Message...more

Kelley Drye & Warren LLP

New Stimulus Legislation Affects Health and Welfare Plans, including Flexible Spending Arrangements

On December 27, 2020, the President signed into law the Consolidated Appropriations Act, 2021 (the “Act”), the latest major piece of legislation passed by Congress in response to the coronavirus pandemic. This advisory...more

Ballard Spahr LLP

Year-End COVID-19 Considerations for Health and Welfare Plans

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Summary - COVID-19 has dominated the agenda for health and welfare benefits in 2020. From suspended deadlines to mid-year election changes to enhanced cost-free coverage, the pandemic has resulted in significant changes to...more

Troutman Pepper

COVID-19 Impact for Health & Welfare Plans (Troutman Sanders and Pepper Hamilton COVID-19 Issues for Employers Podcast Series)

Troutman Pepper on

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss employee benefits, executive compensation, and labor and employment issues that employers are confronting in light of the COVID-19 pandemic,...more

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

New California Law Requires Additional Flexible Spending Account Notices

Under a California law that took effect on January 1, 2020, employers will have to provide extra notices to California employees enrolled in flexible spending accounts (FSAs) explaining the “use it or lose it” federal tax...more

Snell & Wilmer

California Cares . . . About Employees Losing Flexible Spending Account (“FSA”) Funds

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California recently approved Assembly Bill 1554, adding a flexible spending account notice requirement to § 2810.7 of the California Labor Code. The new law, which takes effect January 1, 2020, states...more

Jackson Lewis P.C.

California Imposes New Flexible Spending Account Notice Requirement On Employers

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Beginning with plan years that end in 2020 California employers maintaining flexible spending accounts, or “FSAs,” will be required by a new amendment to the state’s Labor Code, enacted August 30, 2019, to notify the employee...more

Kilpatrick

California Adopts Confusing FSA Notification Requirement

Kilpatrick on

California recently enacted AB 1554 which purportedly requires an employer to notify employees of any deadline to withdraw funds from a flexible spending arrangement (“FSA”) before the end of the plan year. The law applies...more

Davis Wright Tremaine LLP

California Law Requiring FSA Notices Poses ERISA and Plan Design Issues

A new California law requires employers who sponsor flexible spending accounts (FSAs) to notify employees of any deadline that requires them to withdraw FSA funds before the end of the plan year. Although the law is only...more

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

Workflex in the 21st Century Act Could Modernize ERISA With Telecommuting, Job-Sharing, and More

On November 2, 2017, U.S. Representative Mimi Walters (R-CA) introduced the Workflex in the 21st Century Act, a bill that would amend the Employee Retirement Income Security Act of 1974 (ERISA). The legislation would allow...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - December 2016

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This month Richard Zall, Chair of Proskauer's Health Care Department, explores developments likely to occur with respect to the Affordable Care Act as a result of the new administration. In our Rulings, Filings and...more

Sherman & Howard L.L.C.

End of Year Issues Impacting Employer Health Plans

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With the end of 2015 fast approaching, employers should be aware of certain issues under the Patient Protection and Affordable Care Act (“ACA”), the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - September 2015

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Editor's Overview - It has been a little more than one year since the U.S. Supreme Court altered the legal landscape for litigating ERISA breach of fiduciary duty claims relating to the investment in employer stock...more

Lathrop GPM

2014 – June, 30 2015 Relief from Employer Excise Tax for Small Employer & S Corporation Payment or Reimbursement of Individual...

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Beginning in 2014, a violation of certain healthcare reform rules, such as offering a health plan with annual dollar limits or not providing full preventive care with no employee cost, requires employers to pay an excise tax...more

Mintz - Employment, Labor & Benefits...

The Affordable Care Act—Countdown to Compliance for Employers, Week 3: Group Health Plan, Cafeteria Plan and Health FSA...

As applicable large employers grapple with the Affordable Care Act’s (ACA) employer shared responsibility (pay-or-play) rules, two questions arise with notable frequency...more

Franczek P.C.

Monthly Benefits Update - November 2014

Franczek P.C. on

U.S. Supreme Court Grants Review of ACA Case Involving Premium Subsidies Offered Through Federally Facilitated Exchanges - The Supreme Court granted review in King v. Burwell, a Fourth Circuit case that upheld an IRS...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - January 2014

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This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

Winstead PC

Year-End Health and Retirement Plan Guidance Grab Bag

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Following Hawaii’s enactment of legislation recognizing same-sex marriage as of and after December 2, 2013 a number of additional pieces of guidance were also issued. Internal Revenue Service’s Frequently Asked Questions...more

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