News & Analysis as of

Fair Labor Standards Act (FLSA) Employer Group Health Plans

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Hall Benefits Law

The DOL’s New “Economic Realities” Test to Determine Employee Status: ERISA Considerations for Benefit Plan Sponsors

Hall Benefits Law on

The Department of Labor (DOL) Wage and Hour Division issued final regulations, effective March 11, 2024, which are intended to serve as a practical guide to employers on how the DOL determines whether a worker is an employee...more

Jackson Lewis P.C.

Ninth Circuit: Health Insurance Opt-Out Fees Not Part of Regular Rate for Overtime Purposes

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County firefighters and law enforcement officers who opt out of employer- or union-provided health insurance coverage receive a monetary credit each pay period, minus an “opt-out fee” that goes toward the costs of maintaining...more

Jackson Lewis P.C.

Dealing With Undocumented Workers In ERISA Plans

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Whether because of the tight U.S. labor market or flawed onboarding processes, many undocumented workers are becoming participants and accruing benefits in ERISA-governed employee benefit plans. Dealing with such plan...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

Katten Muchin Rosenman LLP

COVID-19: Families First Coronavirus Response Act

Key Points - In the wake of the rapidly escalating coronavirus (COVID-19) pandemic, President Trump signed into law the Families First Coronavirus Response Act (H.R.6201). The wide-ranging legislation enacts a number of...more

Poyner Spruill LLP

Work in the Time of COVID-19: FAQs for Employers

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Employee Benefit Questions - If I furlough or lay off employees, can I continue some or all of their benefits during the leave? There may be ways to continue some or all benefits during a furlough or layoff.  Each plan...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

McDermott Will & Emery

[Event] Employment, Benefits And Compensation Forum: Control Your Own Headlines - October 10th, Chicago, IL

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CONTROL YOUR OWN HEADLINES - In today’s high-stakes environment, in-house counsel and HR professionals are often on the frontlines, responding to headlines that threaten business and reputational objectives. Join...more

Jackson Walker

New Tool to Contain Employer Healthcare Costs

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Healthcare coverage became an employer-offered benefit during World War II as the result of the federal government’s wage and price controls. Since that time, Medicare has become an important part of how healthcare is...more

Fisher Phillips

A Primer On Telemedicine And The Workplace

Fisher Phillips on

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

Burr & Forman

A Source for FMLA Guidance: The Return of the Opinion Letter

Burr & Forman on

The United States Department of Labor (DOL) recently announced its Wage and Hour Division (WHD) is reinstating its practice of issuing opinion letters with respect to the application of the Fair Labor Standards Act (FLSA) and...more

Poyner Spruill LLP

Cash-Out Options - Things to Consider Before Jumping In

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With the rise in health insurance costs and changing work demographics, employers nationwide are considering innovative benefit designs that are intended to not only contain costs but also provide employees greater...more

Davis Wright Tremaine LLP

[Webinar] Update on Preparing for the Trump Administration – What Employers May Expect - February 16th, 10:00am PST

If recently signed executive orders by President Trump are any indicator, changes are in store for employers in 2017. With current legislation and regulations under scrutiny and the future of ACA uncertain, employers are...more

Best Best & Krieger LLP

Best in Law: Beware of In-Lieu-Of Payments to Employees

Employers who allow their employees to opt for taxable cash payments in lieu of health benefits must consider the value of the payments when calculating overtime rates, a federal appellate court has ruled. Originally...more

Hinshaw & Culbertson LLP

Employment Practices Newsletter - June 2016

EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more

Alston & Bird

Employee Benefits & Executive Compensation Advisory: The ACA: New Concerns for Employer Plan Sponsors Under the Fair Labor...

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The Affordable Care Act (ACA) anti-retaliation provisions have been in effect for several years, but have so far largely gone unnoticed. Now that employees can get financial assistance through the Health Insurance...more

Mintz - Employment, Labor & Benefits...

Cadillac Tax Effective Date Postponed (and Three Other 2015 Year End Health and Welfare Benefits Legislation Highlights)

While Americans everywhere were busy eating turkey and drinking eggnog last November and December, our government was hard at work attending to budget matters. Tucked among the appropriations were several fairly significant...more

Seyfarth Shaw LLP

Automatic Enrollment Requirement Repealed

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Good news! On November 2, 2015, President Obama signed the Bipartisan Budget Act of 2015 into law and repealed Section 18A of the Fair Labor Standards Act, enacted as part of health reform. Section 18A required employers...more

Proskauer - Employee Benefits & Executive...

ACA Automatic Enrollment Mandate Repealed by Bipartisan Budget Act

On Monday, November 2nd, the President signed the Bipartisan Budget Act of 2015 (BBA). Some legislators had hoped that a budget deal would at least include a repeal of the controversial 40% excise tax on high-cost health...more

McDermott Will & Emery

Automatic Enrollment for Health Plans Has Been Repealed

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Budget legislation signed into law by President Barack Obama on November 2, 2015, the Bipartisan Budget Act of 2015, repeals the controversial automatic enrollment provision under the Affordable Care Act (ACA). Section 18A of...more

Baker Donelson

Employee Health Care Plans: Tips for Navigating the Affordable Care Act Requirements

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The United States Supreme Court upheld the Affordable Care Act (the "Act") in a recent decision involving the use of the insurance exchanges. Employers are now certain that they must deal with the requirements of the Act...more

Genova Burns LLC

Affordable Care Act’s Special Rules for Grandfathered And Self-Insured Health Plans

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The Affordable Care Act’s (“ACA”) mandates regarding health care plans, including the individual mandate, take effect with no change in schedule, despite the recent U.S. Treasury Department’s decision to postpone employer...more

Dickinson Wright

New Notice Requirements To Employees Regarding Health Insurance Exchanges And COBRA

Dickinson Wright on

All employers who employ one or more employees and are subject to the Fair Labor Standards Act (“FLSA”) must provide a new notice to employees no later than October 1, 2013 regarding the availability of health coverage under...more

Miller Canfield

Department of Labor Delays Deadline for Certain “Obama Care” Notice Requirements

Miller Canfield on

On January 24, 2013, the Department of Labor issued guidance delaying the deadline for employers to provide employees with notice of coverage options available through the health care exchanges....more

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