Health & Welfare Plans Newsletter

August 13, 2020

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Boston MA

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Insperity
Kingwood TX

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The Trust Company of Tennessee
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Webcasts, Conferences

OSHA: Compliance with FFCRA and COVID-19
August 14, 2020 WEBCAST
Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

New Released DOL Mandates For Employers On Coronavirus Workplace Regulations Under FFCRA
August 20, 2020 WEBCAST
Global Compliance Insider

5 Pitfalls of Nondiscrimination Testing and How to Avoid Them
September 17, 2020 WEBCAST
ECFC [Employers Council on Flexible Compensation]

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[Guidance Overview]

Massachusetts Department of Family and Medical Leave Finalizes Revised Regs: Here's What You Need to Know

"The regulations impact employers contributing to the state fund and employers seeking a private plan exemption. The MAPFML becomes effective January 1, 2021.... The regulations revise definitions of key terms ... Significant changes are made to private plan exemptions requirements ... Clarity is added to the application for benefits process ... Revisions to retaliation language exclude trivial inconveniences."

Mintz

[Guidance Overview]

Upcoming Deadline iconMassachusetts Paid Family and Medical Leave 2020 Regs: Focus on the Private Plan Exemption

"Many employers filed for, and received, a Private Plan exemption in 2019 or 2020. Those employers must now take steps to renew their exemptions, ensure that their Private Plans meet the requirements of the 2020 Regulations, and prepare to implement their Private Plans on January 1, 2021. This post ... explains the changes from the 2019 Regulations to the 2020 Regulations and describes what employers need to be doing this fall to prepare their Private Plan for 2021."

Mintz

Caution Advised iconFederal District Court Invalidates Portions of Final DOL Rules Implementing FFCRA Paid Leave Provisions

"Public employers and employers with fewer than 500 employees that are evaluating employee requests for paid leave for qualifying events related to the coronavirus pandemic should do so knowing that parts of the regulations have been held invalid by one court, in a way that could expand the rights of certain employees. The inherent risks in emergency legislation and fast-tracking implementation rules for such legislation have been exposed. Nor do we know the full impact of the case, because it is unclear whether the regulation is invalidated everywhere, or just within the Southern District of New York. Additionally, it is possible the decision could have retroactive application." [New York v. U.S. Dept. of Labor, No. 20-3020 (S.D.N.Y. Aug. 3, 2020)]

The Wagner Law Group

What Options are Available in a Dependent Care Flexible Spending Account Now?

"Recent IRS guidance provides flexibility for employers to make changes to their [Dependent Care Flexible Spending Account (DCFSA)] programs and allow employees to spend down their prior plan year DCFSA accounts. This [article provides] a recap of the current DCFSA options available to employers, taking the recent IRS guidance into consideration."

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2020 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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