News & Analysis as of

Reimbursements Department of Labor (DOL)

Perkins Coie

DOL Clarifies Daily Expense Reimbursement Payments and Exclusions from Regular Calculations for Overtime Pay

Perkins Coie on

The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued an opinion letter addressing whether daily expense reimbursement payments can be excluded from an employee’s regular rate when calculating overtime...more

Jackson Lewis P.C.

DOL Opinion Letter Addresses Expense Reimbursement and Regular Rate

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has released an opinion letter addressing whether per diem expense payments for tools and equipment may be excluded from the hourly rate when calculating overtime pay under the Fair Labor...more

Littler

DOL Opinion Letter Offers Additional Insight Regarding Regular Rate Treatment of Expense Reimbursement Payments

Littler on

On November 8, 2024, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2024-01.  This letter provides additional clarity about whether daily expense reimbursement payments can be excluded from an employee’s regular...more

Proskauer - Health Care Law Brief

No Surprises Here!  Fifth Circuit Upholds QPA Calculations and Disclosure Requirements, but Sides with Providers on Payment...

The Fifth Circuit Court of Appeals has handed down a significant decision in response to a challenge from health care providers to the implementing regulations of the No Surprises Act (“NSA”). The Court upheld the...more

Cozen O'Connor

Minnesota AG Settles with Blue Cross Blue Shield over Mental Health Parity

Cozen O'Connor on

Minnesota AG Keith Ellison has reached a settlement with BCBSM, Inc. d/b/a Blue Cross and Blue Shield of Minnesota, and HMO Minnesota d/b/a Blue Plus (collectively, “Blue Cross”) to resolve allegations that the insurer...more

ArentFox Schiff

No More Surprise Medical Bills: Fifth Circuit Affirms Vacatur of Arbitration Provisions of Surprise Billing Rules (TMA II)

ArentFox Schiff on

On August 2, health care providers scored yet another significant victory when the US Court of Appeals for the Fifth Circuit affirmed the vacatur of various federal regulations regarding the arbitration procedures used to...more

Jackson Lewis P.C.

Reconsidering Repayment Agreements with Foreign Employees

Jackson Lewis P.C. on

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end...more

Harris Beach Murtha PLLC

New Filing Fees and Subsistence Rates for H-2B and H-2A Visa Programs

There has recently been a flurry of new Federal Register notices issued by U. S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (USDOL) relating to fees and reimbursements for a myriad of visa...more

Mitchell, Williams, Selig, Gates & Woodyard,...

94th Arkansas General Assembly/Petroleum Storage Tank Trust Fund: Senate/House of Representatives Enact Legislation Increasing...

The Arkansas State Senate and House of Representatives have passed legislation (HB1520) which would raise the limit for payment for corrective action per occurrence pursuant to the Arkansas Petroleum Storage Tank Trust Fund...more

Jackson Lewis P.C.

Top Five Labor Law Developments for August 2022

Jackson Lewis P.C. on

1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher...more

Jackson Lewis P.C.

Top Five Labor Law Developments for March 2022

Jackson Lewis P.C. on

1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more

Foley & Lardner LLP

Health Providers Must Avoid COVID Reimbursement Missteps

Foley & Lardner LLP on

One Health Resources and Services Administration program, “COVID-19 Claims Reimbursement to Health Care Providers and Facilities for Testing, Treatment, and Vaccine Administration for the Uninsured,” has been a huge source of...more

Foley & Lardner LLP

Behavioral Health Trends for 2022

Foley & Lardner LLP on

Over the last two years, behavioral health (BH) has been one of the biggest growth areas in the health care ecosystem, fueled by the Public Health Emergency (PHE) but in many ways an ignored, overlooked, understaffed, and...more

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

Treasury Department, DOL, and HHS Provide Guidance on New Flexibility in Coverage of Over-the-Counter COVID-19 Tests

On February 4, 2022, the U.S. Department of Labor (DOL), U.S. Department of the Treasury, and U.S. Department of Health and Human Services (HHS) issued subregulatory guidance that provides greater flexibility and clarifies a...more

Williams Mullen

At-Home COVID Tests Must be Reimbursed by Insurance Companies

Williams Mullen on

Group health plans and health insurance issuers are now required to cover the cost of over-the-counter (OTC) COVID-19 diagnostic tests. Last week, the Departments of Labor, Health and Human Services, and the Treasury issued...more

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

Beltway Buzz - January 2022 #2

SCOTUS Halts OSHA’s Vax-or-Test ETS (but Greenlights CMS Rule). On January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccination-or-testing...more

BCLP

Covid-19 Testing Coverage Mandate Expanded

BCLP on

Earlier this week, the COVID-19 testing coverage mandate was significantly expanded pursuant to FAQs issued jointly by the Departments of Labor, Health and Human Services and the Treasury (collectively, the Departments). The...more

Harris Beach Murtha PLLC

Plans and Issuers Must Cover the Cost of OTC COVID-19 Tests (If You Can Find Them) by Saturday, January 15, 2022

On December 2, 2021, President Biden announced that the Departments of Labor, Health and Human Services (HHS) and the Treasury (the “Departments”) would issue guidance by January 15, 2022 to clarify that individuals who...more

Sheppard Mullin Richter & Hampton LLP

Tri-Agencies Release Guidance on Coverage of OTC COVID-19 Tests

On January 10, 2022, the U.S. Department of Health & Human Services, Department of Labor, and the Treasury (“Tri-Agencies”) published guidance about how health plans and health insurance issuers must reimburse OTC COVID-19...more

Fox Rothschild LLP

When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?

Fox Rothschild LLP on

The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order...more

Holland & Hart - The Benefits Dial

Here Comes the Sun: The DOL Intends to Shine the Light on Mental Health Parity

We previously blogged about the new Mental Health Parity and Addiction Equity Act (MHPAEA) reporting and disclosure requirements established by the Consolidated Appropriation Act, 2021 (CAA). As a refresher, employers...more

Jackson Lewis P.C.

Class Action Trends Report Spring 2021

Jackson Lewis P.C. on

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more

Faegre Drinker Biddle & Reath LLP

Departments Release FAQs on Implementing the Mental Health and Substance Use Disorder Parity Requirements under the Consolidated...

As described in a recent blog post, the Consolidated Appropriations Act, 2021 amended the Mental Health Parity and Addiction Equity Act (MHPAEA) to require group health plans and health insurance issuers (collectively, “group...more

Baker Donelson

Does Your State Require Employers to Foot the Bill for Employees' Remote Work Expenses?

Baker Donelson on

As the COVID-19 pandemic hit, several states and localities implemented shelter-in-place orders to slow the spread of the coronavirus. Consequently, many workforces were thrust into remote work models without adequate time...more

Fox Rothschild LLP

Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate

Fox Rothschild LLP on

As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation. When the reimbursements, however, are unreasonable or out of whack (i.e. too high) as regards...more

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