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78 Matching News Items

1.  Proposed Regs for the ACA Cadillac Tax: What Treasury and IRS Are Considering
Jackson Lewis LLP Link to more items from this source
Mar. 11, 2015
"Treasury and IRS expect to include in the proposed regulations, and invite comment concerning, rules regarding the dollar limit adjustments. Treasury and IRS also invite comment concerning: adjustments for retirees who are at least 55 and are not entitled to/eligible to enroll in Medicare, adjustments for high risk professions, and age and gender adjustments. Finally, Treasury and IRS invite comment on possible alternative methods for determining the cost of applicable coverage, including reference to similar coverage available elsewhere -- such as Exchange coverage."
2.  Court Denies EEOC Request for TRO in Wellness Lawsuit
Jackson Lewis LLP Link to more items from this source
Nov. 4, 2014
"[On Monday, Nov. 3], Judge Montgomery asked the EEOC the question the corporate wellness world has been waiting for much more than a decade to ask: 'At what point does a monetary penalty result in a compulsion?' The EEOC responded that the agency cannot draw a clear line but that Honeywell had crossed it. At least three times during the oral argument, the Court pressed the EEOC to define the point at which voluntary wellness plan becomes involuntary because of the penalties involved. Each time, the EEOC responded that it cannot draw a line but that Honeywell had crossed it." [EEOC v. Honeywell Int'l Inc., No. 14-cv-04517-ADM-TNL (D. Minn., petition filed Oct. 27, 2014)]
3.  Biometric Screening Requirement Under Wellness Program Violates ADA and GINA, According to EEOC Suit
Jackson Lewis LLP Link to more items from this source
Oct. 30, 2014
"Failure to participate in the screenings would subject the employee to financial penalties. For example, an employee that does not participate would not be able to receive a company contribution to the employee's health savings account of up to $1,500 for the year. Additionally, the employee would be subject to a $500 surcharge on medical plan costs, as well as tobacco surcharges of $1,000 that apply to the employee and the employee's spouse if they fail to take the screenings.... Because of the incentives ... the EEOC claims that the examinations are involuntary, effectively forcing employees to submit to the biometric screenings. The Eleventh Circuit rejected a similar challenge in Seff v. Broward County, FL, applying a separate 'safe harbor' provision of the ADA." [EEOC v. Honeywell Int'l Inc., No. 14-cv-04517-ADM-TNL (D. Minn., petition filed Oct. 27, 2014)]
4.  Look Beyond ACA Wellness Regs When Designing Your Program: EEOC Sues Employer Under ADA
Jackson Lewis LLP Link to more items from this source
Aug. 25, 2014
"[The EEOC] recently sued an employer in Wisconsin claiming the penalty the employer imposed for nonparticipation in its program was too significant, causing the medical inquiries under the program to be involuntary for purposes of the Americans with Disabilities Act (ADA).... Many employers are in the process of reviewing their medical plans ... for 2015. The focus is largely on ACA compliance, in particular the employer shared responsibility penalties. But ... employers need to also be reviewing the ACA wellness program regulations, as well as the other laws that may affect their wellness program design and administration, such as the ADA."
5.  ACA Employer Penalties: Another Reason to Make Sure Workers Are Properly Classified as Employees or Independent Contractors
Jackson Lewis LLP Link to more items from this source
Aug. 14, 2014
"The amount of penalties to which an applicable large employer is vulnerable also depends substantially on the number of fulltime employees it has and how many of those employees obtain subsidized Exchange coverage.... Many employers have workers who perform services under individual or third party contract arrangements (written or otherwise).... They may or may not be on the employer's payroll. They may or may not receive a Form W-2 from the employer. They may or may not be offered coverage under the employer's benefit plans. And they may or may not be employees."
6.  IRS Provides Guidance for Employee Income Tax Correction for Same-Sex Spousal Health Coverage After U.S. v. Windsor
Jackson Lewis LLP Link to more items from this source
Aug. 1, 2014
"Information Letter 2014-0012 [issued on June 27, 2014] does not require employers to issue corrected Form W-2s or seek a refund of federal employment taxes. Accordingly, considerations of payroll department workload and employee relations can determine whether issuance of a corrected Form W-2 or the seeking of a refund is appropriate.... [The Information Letter] outlines two possible correction methods for an employee who has had the value of same-sex spousal health coverage reflected on a Form W-2."
7.  Getting Ready for 2015: How Government Contractors, Health Care Reform, and the Family Medical Leave Act Intersect
Jackson Lewis LLP Link to more items from this source
July 20, 2014
"[G]overnment contractors who perform work covered by the [Service Contract Act] might be confusing how they satisfy their health and welfare fringe benefit obligations ... in coordination with health care requirements under the ACA, no matter how many FTEs that government contractor might have ... [The authors are finding] more and more problematic situations, as government contractors are examining their existing practices now and tweaking their health plans, in anticipation of open enrollment this coming Fall 2014, for the 2015 plan year."
8.  EEOC Pregnancy Discrimination Enforcement Guidance Implicates Contraception Coverage Concerns
Jackson Lewis LLP Link to more items from this source
July 15, 2014
"[T]he Guidance provides that employers violate Title VII by providing health insurance that excludes coverage for prescription contraceptives, whether the contraceptives are provided for birth control or medical purposes.... [In] order to comply with Title VII, employer provided health plans must cover prescription contraceptives on the same basis as other prescription drugs, devices and services that are used to prevent the occurrence of medical conditions other than pregnancy: if an employer provided health plan covers preventive care for vaccinations, physical examinations and prescription drugs to prevent high blood pressure or to lower cholesterol levels, then prescription contraceptives must also be covered."
9.  Parental Leave Act Strengthens Maryland Employee Leave Protections
Jackson Lewis LLP Link to more items from this source
June 17, 2014
"The [Parental Leave Act (PLA)] provides that eligible employees are entitled to six workweeks of unpaid parental leave during any 12-month period for the birth of the employee's child or the placement of a child with the employee for adoption or foster care. The law does not define the 12-month period, so it is unclear if an employer can select the 12-month period, as employers may under the FMLA. Unlike the FMLA, the PLA does not provide employees with leave rights for one's own or a family's members' serious health condition."
10.  Employer Must Prove Physical Presence in Workplace is Essential Function, Sixth Circuit Rules
Jackson Lewis LLP Link to more items from this source
Apr. 28, 2014
"Likely making it easier for employees to telecommute from home as an accommodation under the Americans with Disabilities Act, the [Sixth Circuit] has determined that 'attendance' is no longer synonymous with physical presence in the workplace.... Employers should be prepared to identify the job requirements that cannot be performed remotely. Further, employers who must accommodate an employee should plan for the related employment issues that go along with working from home, including tracking hours for non-exempt employees, monitoring employee productivity and performance remotely, and maintaining data privacy and security of sensitive company and client information when this information is accessed remotely or maintained at an employee's residence." [EEOC v. Ford Motor Company, No. 12-2484 (6th Cir. Apr. 22, 2014)]
11.  California Court Finds Fitness-for-Duty Exam after Employee Restored to Job is Permitted under FMLA
Jackson Lewis LLP Link to more items from this source
Apr. 22, 2014
"[The employee] argued that, once her physician certified her to return to work, the [employer] could not require her to undergo a fitness-for-duty evaluation because the evaluation would undermine her return-to-work certification. The Court rejected this argument.... [and] concluded, 'the FMLA should be interpreted to render the employee's health care provider's opinion conclusive on the issue of whether the employee should be immediately returned to work, but to permit the employer to thereafter require a [fitness-for-duty evaluation], if it has a basis to question the employee's health care provider's opinion.' " [White v. County of Los Angeles, No. B243471 (Cal. Ct. App. Apr. 15, 2014)]
12.  IRS Issues New Guidance for Qualified Retirement Plan Sponsors on Treatment of Same-Sex Couples Post-Windsor
Jackson Lewis LLP Link to more items from this source
Apr. 9, 2014
"FAQ-4 permits a plan amendment providing certain special rights or benefits to participants with same-sex spouses to make up for benefits not previously available to those participants, such as a new opportunity to elect a distribution in the form of a qualified joint and survivor annuity."
13.  Employers Must Treat Employees on Military Leave Like Those on Comparable Leaves, Eighth Circuit Rules
Jackson Lewis LLP Link to more items from this source
Mar. 5, 2014
"USERRA's protection of service members' benefits is sometimes overlooked by employers, including employers that provide benefits beyond those required by statute. Employers should review the benefits available to employees on comparable leaves of absence to ensure those on military leave are receiving comparable benefits. Determining when a leave of absence is comparable can be problematic." [Dorris v. TXD Services, LP, No. 12-3096 (8th Cir. Feb. 27, 2014)]
14.  Supreme Court Affirms Contractually Reduced Limitations Periods for ERISA Benefit Claims
Jackson Lewis LLP Link to more items from this source
Feb. 5, 2014
"[I]mplicit in the Court's decision is the recognition that 'reasonable' contractual limitations periods are generally enforceable for ERISA claims.... [T]he decision also appears to assume, if not specifically hold, that contractual limitations periods for insured ERISA plans (at least where the limitations period is in the insurance policy) are subject to state laws that expressly prohibit contractual limitations periods shorter than a defined period ... Finally, the decision overturns the law in certain circuits holding a contractual limitations period cannot begin to run until available administrative remedies have been exhausted." [Heimeshoff v. Hartford Life & Accident Ins. Co., No. 12-729 (U.S. Dec. 16, 2013)]
15.  Modifications to New York City Earned Sick Leave Act Proposed
Jackson Lewis LLP Link to more items from this source
Jan. 27, 2014
"[P]roposed modifications include ... [1] Employers with at least five, rather than 15, employees will be covered by the law.... [2] The exclusion for manufacturing businesses classified in sections 31, 32 and 33 of the North American Industry Classification System would be eliminated. [3] The relatives for whom an employee may take statutory leave for caretaking would expand to include siblings (including half siblings, step siblings, or siblings related through adoption), grandchildren and grandparents."
16.  How to Prepare for the Affordable Care Act
Jackson Lewis LLP Link to more items from this source
Oct. 16, 2013
"Employers should consider doing the following now: Recognize that many of the ACA's mandates become effective on January 1, 2014.... Identify workers who are misclassified as independent contractors.... Investigate the application of the controlled and affiliated service group rules... Examine temporary and leased employee agreements.... Avoid 'messing' with your insurance contract renewal dates.... Take the time to model the impact of the ACA's mandates and penalties."
17.  New California Law Excludes Certain Health Care Reimbursements from Employees' State Taxable Income
Jackson Lewis LLP Link to more items from this source
Oct. 15, 2013
"California has adopted a new law excluding from gross income, for state personal income tax purposes, any amount received by an employee from an employer to compensate for additional federal income taxes incurred by the employee from employer-provided health benefits because of the federal government's failure to recognize same-sex spouses or domestic partners as the employee's spouse for federal income tax purposes. This exclusion also includes any 'grossed-up' amounts the employer provided to offset any taxes incurred by the employee on such reimbursement."
18.  Seventh Circuit Says Request for Leave to Attend Overseas Family Funeral May Require Religious Accommodation
Jackson Lewis LLP Link to more items from this source
Aug. 29, 2013
"Two written requests from an employee for unpaid leave to attend funeral rites for his father in Africa created a genuine issue of material fact as to whether the employer received notice of the religious nature of the request for purposes of accommodation under Title VII of the Civil Rights Act, the Seventh Circuit Court of Appeals in Chicago has ruled.... The Court described three factors to consider when determining whether a belief is in fact 'religious' for purpose of Title VII: '(1) the belief necessitating the accommodation must actually be religious, (2) that the religious belief must be sincerely held, and (3) accommodation of the sincerely held belief must not impose an undue hardship.'" [Adeyeye v. Heartland Sweeteners, LLC, No. 12-3820 (7th Cir. July 31, 2013)]
19.  Massachusetts Repeals Portions of State Health Care Reform Law
Jackson Lewis LLP Link to more items from this source
Aug. 6, 2013
"The good news for employers ... is that, until January 2015, there will be an 18-month period during which they will not be subject to either state or federal penalties if they do not offer employees health insurance. Massachusetts Governor Deval Patrick reportedly believes that during this interim period employers in the state will not take advantage of the hiatus to stop offering employees health insurance, but if they did, that the legislature would take action to reinstate provisions to counteract that trend."
20.  New Jersey Employers Must Provide Unpaid Leave to Victims of Domestic Violence under New Law
Jackson Lewis LLP Link to more items from this source
July 29, 2013
"The NJ SAFE Act contains a posting requirement, civil penalties for violations, availability of injunctive relief, and a private cause of action for any violation of the Act (in which a litigant may recover lost wages, benefits, costs, and attorney's fees). Claims for harassment, retaliation or discrimination because of the use of or entitlement to leave under the statute are covered."
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