News & Analysis as of

Health Insurance Consolidated Omnibus Budget Reconciliation Act Employer Liability Issues

Morgan Lewis - ML Benefits

Managing Welfare Plan Risk: The Fiduciary Committee

Fiduciary committees have long been established in connection with retirement plans to manage the investment, legal compliance, and operational risks that can arise under the Employee Retirement Income Security Act of 1974,...more

McDermott Will & Emery

Key Takeaways | Putting Employee Wellness Programs to Work

McDermott Will & Emery on

During this session, panelists discussed the unique opportunities and challenges of digital-health wellness programs that partner with employers and health plans in considering, adopting and operationalizing wellness programs...more

McDermott Will & Emery

Preparing for the End of the COVID-19 Emergency: Deadline Tolling

McDermott Will & Emery on

The Biden administration previously announced its intent to end the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) on May 11, 2023 (read our series introduction for more information). On April...more

Faegre Drinker Biddle & Reath LLP

Navigating Open Enrollment Notice Requirements

Fall open enrollment is upon us, and plan sponsors and administrators are preparing to provide their employees with the required notices related to their health and welfare plans. Notice and disclosure obligations for health...more

Verrill

Proposed Changes to Massachusetts Paid Family & Medical Leave Regulations

Verrill on

The Massachusetts Department of Family and Medical Leave has proposed changes to the regulations governing the state’s paid family and medical leave program. The proposed changes are intended to clarify the requirements...more

Brownstein Hyatt Farber Schreck

What Is An Involuntary Termination Or Reduction In Hours For ARPA COBRA Premium Assistance?

One of the first questions that must be addressed in order to determine whether an individual is eligible for the temporary 100% subsidy for COBRA health care continuation coverage (including under state mini-COBRA statutes)...more

Carlton Fields

COBRA Deadlines and Proofs of Mailing in Carter v. Southwest Airlines Co. Board of Trustees

Carlton Fields on

Carlton Fields tax attorney Lowell Walters explains what we can learn about a recent case in which a former employee claimed to be owed benefits, and provides suggestions on how companies can protect themselves. The video...more

Butler Snow LLP

American Rescue Plan Act Provides COBRA Subsidies

Butler Snow LLP on

The American Rescue Plan Act of 2021 (“ARPA”) includes a valuable benefit for an employee who has lost (or loses) healthcare coverage due to an involuntary termination or reduction in hours — up to 6 months of free COBRA...more

Faegre Drinker Biddle & Reath LLP

Employers Must Provide COBRA Subsidies to Assistance Eligible Individuals

The American Rescue Plan Act of 2021 (ARPA), which was signed into law by President Biden on March 11, 2021, includes COBRA subsidy provisions that are significant – both for the individuals who will become eligible for COBRA...more

McDermott Will & Emery

DOL Issues Clarification for ERISA-Governed Group Health Plans

Two days before the one-year anniversary of the official start of the COVID-19 outbreak, the US Department of Labor (DOL) issued a last-minute notice clarifying its prior guidance that relaxed the deadlines for the Employee...more

Brownstein Hyatt Farber Schreck

COBRA-Related Litigation Trend: Advanced Preparation Is the Anti-Venom

Over the past two years, there has been a steady uptick of class action litigation alledging deficiencies in the notices that employers are required to provide under the Consolidated Omnibus Budget Reconciliation Act of 1985,...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

Carlton Fields

COBRA: Avoid Getting Snakebit! (Notice Update, Deadline Update, Litigation Update)

Carlton Fields on

Carlton Fields tax attorney Lowell Walters talks about the increase in COBRA litigation, new COBRA requirements that could make it worse, and simple steps group health plan sponsors can take to protect themselves....more

Carlton Fields

Forewarned Is Forearmed: Why Companies Need to Review Their COBRA Notices to Avoid Growing Class Action Trend

Carlton Fields on

Even before the current pandemic crisis, we have noticed a growing trend in the filing of class action lawsuits challenging, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), notices required to be issued by...more

Verrill

Paying Health Insurance Premiums for Furloughed or Laid Off Employees

Verrill on

Employers of all sizes in nearly every industry have had to lay off or furlough employees in an attempt to deal with the massive business disruptions caused by the spread of COVID-19. Facing this reality, many employers have...more

Bass, Berry & Sims PLC

2019 ERISA Welfare Plan Checklist

Bass, Berry & Sims PLC on

We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we...more

Best Best & Krieger LLP

Best in Law: Employee Benefits in a Company Sale - BB&K’s Jeff Chang Writes About this Critical Part of a Company’s Transition in...

Sales of small businesses have gone “through the roof,” according to a CBS News report released last summer. In many instances, larger businesses are acquiring smaller businesses because it’s the easiest way to obtain skilled...more

McNees Wallace & Nurick LLC

Pennsylvania Court Addresses Individual Liability Under COBRA (and How to Avoid it)

With increasing frequency, when employees sue their employer or former employer, they also name individual managers or the company’s owners as defendants in their suit. ...more

Sands Anderson PC

2018 Virginia Employment Law Pocket Guide

Sands Anderson PC on

The guide, written by Sands Anderson’s Employment Law Team and edited by attorney C. Michael DeCamps, provides summaries of key Virginia employment statutes and principles of employment law. The summaries are not intended to...more

Holland & Knight LLP

A Contractor’s Guide to the Impending Government Shutdown

Holland & Knight LLP on

With less than a day before the federal government's appropriated funding runs out, confidence in avoiding a potential shutdown is waning. Because of that, contractors should exercise prudence and immediately begin...more

Proskauer - Employee Benefits & Executive...

Second Circuit Affirms Dismissal of Claim Arising from Incorrectly Addressed COBRA Notice

In Vangas v. Montefiore Medical Center, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit affirmed the district court’s holding that an employer is not liable for failing to provide a COBRA notice to a terminated...more

Mintz - Employment, Labor & Benefits...

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 15 of 24): Coding Form 1095-C, Part II for...

As we noted in a previous post, the recently issued final 2015 Instructions for Forms 1094-C and 1095-C changed certain of the rules relating to the reporting for offers of COBRA coverage where the COBRA qualifying event...more

McGuireWoods LLP

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

McGuireWoods LLP on

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

Mintz - Employment, Labor & Benefits...

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 10 of 24): IRS Issues Final Form 2015...

The IRS recently issued final instructions for Forms 1094-B and 1095-B and Forms 1094-C and 1095-C . The 2015 Instructions for Forms 1094-B and 1095-B implement a suggestion we made in a previous post relating to the...more

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