Many business leaders celebrated the Supreme Court’s recent landmark ruling that offers a powerful new tool to fight back against regulatory agencies – but are hidden dangers lurking beneath this apparent victory? While the...more
Many employers are struggling to increase COVID-19 vaccination rates among their workforce, concerned not only about both the safety of the workforce but also the costs of COVID-19 treatment that could be avoided through...more
Thanks to a ruling yesterday by the U.S. Supreme Court, the Affordable Care Act remains fully intact and will remain the law of the land for the foreseeable future. In a 7-to-2 vote, the Court dismissed a case that challenged...more
The EEOC kicked off the unofficial start of summer with a bang by clearing the way for employers to offer their employees incentives to get the COVID-19 vaccine in new guidance released on the eve of the Memorial Day weekend....more
6/1/2021
/ Confidential Information ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Family Members ,
Gifts ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Workplace Safety
Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers...more
1/27/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Wellness Programs ,
Workplace Safety
In an ongoing effort to control the spread of COVID-19 in Ohio, Governor Mike DeWine stated today that the Ohio Department of Health will soon issue Revised Mask Orders, creating new obligations for employers throughout the...more
...Ohio Governor Mike DeWine just announced a second change to the state’s guidance for employers regarding the use of face coverings in the workplace, which affects both employees and customers. As of the time of this alert,...more
Ohio Governor Mike DeWine just unveiled the first phase of a plan to gradually reopen Ohio businesses. It will not be business as usual, however, and the workplace will look vastly different for the foreseeable future. What...more
Congress recently passed significant legislation affecting employer-sponsored employee benefit plans. The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 (H.R. 1994) was passed by the Senate on...more
3/6/2020
/ 401k ,
Benefit Plan Sponsors ,
Employee Benefits ,
Individual Retirement Account (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
Retirement ,
Retirement Funds ,
Retirement Plan ,
Retirement Plan Providers ,
SECURE Act ,
Tax Planning
In a unanimous decision, the Supreme Court just declined to limit the timeframe in which disgruntled employees could bring suit challenging the investment decisions made by plan fiduciaries. While the Employee Retirement...more
2/28/2020
/ Actual or Constructive Knowledge ,
Appeals ,
Breach of Duty ,
Corporate Counsel ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Material Disclosures ,
Question of Fact ,
Reaffirmation ,
Retirement Plan ,
Retirement Plan Beneficiaries ,
Reversal ,
SCOTUS ,
Split of Authority ,
Statute of Limitations ,
Summary Judgment
With the new year quickly approaching, it is important to re-examine the policies and plans that govern employee compensation, benefits, and responsibilities. These documents can be the difference between a successful year...more
Good news for Postmates delivery drivers…and for gig economy businesses across the country. The company recently announced that it would offer accident insurance benefits to its entire fleet of independent contractor drivers,...more
When I speak with employers about the onerous obligations under ERISA and the court decisions that followed, I frequently tell them that the “E” in ERISA stands for “employee,” not employer. It’s good to keep this in mind...more
12/10/2018
/ Appeals ,
Benefit Plan Sponsors ,
Business Ownership ,
CEOs ,
Dismissals ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Former Employer ,
Internal Revenue Code (IRC) ,
New Rules ,
PBGC ,
Pensions ,
Reversal ,
Successor Liability ,
Trusts
Late last year, Congress passed the Tax Cuts and Jobs Act (the “Act”) and it was quickly signed by the President. The Act seeks to reform the current tax system and contains numerous provisions that may be significant to...more
3/12/2018
/ Affordable Care Act ,
Compensation & Benefits ,
Disaster Aid ,
Employee Relocations ,
Equity Grants ,
Excise Tax ,
Fringe Benefits ,
Health Insurance ,
Incentive Awards ,
Income Taxes ,
Individual Mandate ,
IRA Rollovers ,
IRS ,
Publicly-Traded Companies ,
Qualified Restricted Stock Units (RSUs) ,
Retirement Plan ,
Roth IRA ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Exempt Entities ,
Tax Exemptions ,
Tax Reform ,
Trump Administration ,
Wage and Hour
Most people probably do not enjoy sitting in a doctor’s reception area with other coughing and sneezing people while waiting for an appointment, or devoting hours to getting a prescription refilled. The concept of...more
2/9/2018
/ Best Practices ,
COBRA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Group Health Plans ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Savings Accounts ,
OSHA ,
Physicians ,
Provider-Sponsored Health Plan (PSHP) ,
Telehealth ,
Telemedicine
There are obvious “benefits” to participating in the gig economy: Gig companies get to use as little or as much labor as they need. Gig workers are able to work at their chosen capacity. And customers get new products and...more
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with...more
6/5/2017
/ Affordable Care Act ,
American Health Care Act (AHCA) ,
Class Action Arbitration Waivers ,
Day of Rest Laws ,
E-Verify ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Workweek ,
Fast-Food Industry ,
Federal Budget ,
Federal Contractors ,
Food Service Workers ,
Gig Economy ,
Immigration Reform ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
NLRB ,
OFCCP ,
On-Call Employees ,
OSHA ,
Paid Leave ,
Parental Leave ,
Popular ,
Portable Benefits ,
Repeal ,
Retail Workers ,
Sick Leave ,
Travel Ban ,
Trump Administration ,
Work Schedules
The House of Representatives took the first affirmative step towards repeal and replacement of the Affordable Care Act (ACA) today. After a failed attempt to pass legislation earlier this year, the House gathered the needed...more
5/6/2017
/ Affordable Care Act ,
American Health Care Act (AHCA) ,
Health Savings Accounts ,
Individual Mandate ,
Medicaid Expansion ,
Pending Legislation ,
Preexisting Conditions ,
Repeal ,
Subsidies ,
Tax Credits ,
Waivers
We feel like a broken record, because we’ve said it before: the Affordable Care Act is still here. We said the same thing after each of two Supreme Court challenges to central portions of the law, both of which (in 2012 and...more
Shortly after being sworn in on Friday, President Trump signed an executive order which appears to begin to repeal the Affordable Care Act (ACA), following through on one of his primary campaign promises. However, the...more
Most employers know that there is a federal law – the Employee Retirement Income Security Act, or ERISA – that governs employer-sponsored employee benefit plans. There are a few notable exceptions that could apply to...more
PACE Act: Some Positive News For Employers With 51 To 99 Employees -
For insurance market reform purposes, the Affordable Care Act (ACA) initially defined “small employers” as those with fewer than 50 employees. This...more
Now that the Supreme Court has, for the second time, upheld a major portion of the Affordable Care Act (ACA), it might be a good time to review your practices to ensure you are in compliance. The ACA’s new concept of what it...more
Do You Even Know What It Is?
With great focus on healthcare reform, you may have missed a current requirement for health plans to apply for and obtain a Health Plan Identifier (HPID). This requirement does not come...more