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Health & Welfare Plans Newsletter

February 24, 2021

5 Jobs Today (scroll to view)


[Guidance Overview]

Exceptional Usefulness and Quality icon IRS Clarifies Aspects of Recent FSA and Cafeteria Plan Accommodations

"The CAA's accommodations blur the lines between a grace period and carryover, as the law allows unlimited carryovers (more than just $550) and up to 12-month grace periods. So, is an employer better off with a grace period or a carryover provision, and does it really make any difference for leftover balances from the 2020 and 2021 FSA plan years?"  MORE >>


[Guidance Overview]

2021 Updates to California Local COVID-19 Paid Sick Leave Requirements

"[N]umerous California counties and cities have extended their COVID-19 paid sick leave ordinances and imposed additional requirements for employers. To date, these include: Los Angeles (City and County), City of Long Beach, Sacramento (City and County), San Francisco, City of Oakland, San Mateo County, Sonoma County, Santa Rosa, and San Jose."  MORE >>

Reed Smith

[Guidance Overview]

High Risk Issue icon How the California Family Rights Act Works for Pregnant Employees

"On January 1, 2021, the California Family Rights Act (CFRA) expanded in several ways ... With [that] expanded applicability ... it's important for California employers to be aware of the sometimes-confusing interplay of CFRA with other state and federal leave laws when it comes to an employee's pregnancy."  MORE >>

Jackson Lewis

Editor's Note: The New Mobile-Friendly Format Continues to Carry Full Content

Please note that the BenefitsLink newsletters contain all the same information as before. By scrolling down a bit, you'll find the familiar jobs, webcasts, press releases, and discussions. Scroll, scroll, scroll a bit, gently down the screen... ♫ ♪  MORE >>


Upcoming Deadline icon Calendar Year 2020 HIPAA Small Breach Notifications Due March 1, 2021

"A small breach involves fewer than 500 individuals.... Covered entities [must] report small breaches to OCR no later than 60 days after the end of the calendar year in which the small breaches were discovered. For calendar-year 2020, small breaches notifications are due on or before March 1, 2021."  MORE >>

Davis Wright Tremaine LLP

ERISA Compliance Is Getting Harder, and the DOL is Getting Serious

"In 2020, the EBSA brought in over $3.1 billion through benefit plan enforcement action -- the most in agency history.... Meanwhile, fines for a wide variety of ERISA violations just went up.... In 2020 alone, the DOL conducted 1,122 formal ERISA civil investigations and closed 230 ERISA criminal investigations.... Over the past 12 months, the EBSA handled more than 171,000 employee benefit plan 'compliance inquiries.' "  MORE >>

MZQ Consulting, LLC

High Risk Issue icon Seventh Circuit Holds That Federal Military Leave Statute Might Mandate Paid Leave

"The Seventh Circuit considered and rejected several arguments put forth by the employers that 'rights and benefits' do not include paid leave ... The court also rejected the policy argument that it was imposing a 'costly sea-change' on employers by mandating paid military leave, observing that fewer than one percent of employees in the United States are reservists." [White v. United Airlines, Inc., No. 19-2546 (7th Cir. Feb. 3, 2021)]  MORE >>

Foley & Lardner LLP

High Risk Issue icon Employers May Need to Pay Employees On Military Leave

"[The Seventh Circuit ... became the first federal court of appeals to hold that USERRA requires a private sector employer to provide pay during military leave if it provides pay during other 'comparable' absences, which may include sick leave or jury duty." [White v. United Airlines, Inc., No. 19-2546 (7th Cir. Feb. 3, 2021)]  MORE >>

Quarles & Brady LLP

Tenth Circuit Affirms Award of Long-Term Disability Benefits to Employee Who Became Disabled During Lay-Off Notice Period

"The Tenth Circuit agreed with the district court that the term 'active' is ambiguous. It is not a term defined in the LTD policy.... The court declined to adopt Reliance's interpretation that active means an employee must have been working at least thirty hours per week." [Carlile v. Reliance Standard Life Ins. Co., Nos. 19-4123, 20-4005 (10th Cir. Feb. 22, 2021)]  MORE >>

Roberts Disability Law

Employee Benefits Jobs

View job as Defined Contribution Plan Administrator
for Pension Investors Corp of Orlando Inc View job as Defined Contribution Plan Administrator
for Pension Investors Corp of Orlando Inc

Defined Contribution Plan Administrator

Pension Investors Corp of Orlando Inc

Altamonte Springs FL

View job as Retirement Plan Administrator
for Howard Simon & Associates View job as Retirement Plan Administrator
for Howard Simon & Associates

Retirement Plan Administrator

Howard Simon & Associates

Deerfield IL

View job as Retirement Plan Administrator
for Hicks Pension Services

Retirement Plan Administrator

Hicks Pension Services

Telecommute / San Luis Obispo CA

View job as Document Specialist
for The Retirement Advantage [TRA]

Document Specialist

The Retirement Advantage [TRA]


View job as Account Manager - Retirement Plan Services
for CBIZ

Account Manager - Retirement Plan Services



Press Releases

Tax Season 2021: Resources Include Crucial Guidance On IRS Reporting Changes

Webcasts and Conferences

Fiduciary Best Practices

March 4, 2021 WEBCAST


Last Issue's Most Popular Items

IRS Provides Clarity Regarding FSA Relief Available Under Consolidated Appropriations Act

Verrill Dana LLP

IRS Clarifies FSA and Other Relief

HUB International

IRS Provides New Guidance on Health FSAs and Dependent Care Assistance Programs


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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.

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