"[E]xpanded eligibility for the [premium tax credits] could increase penalty exposure for ALEs that do not offer affordable, minimum-value coverage to all full-time employees.... [T]he improvement to Medicare Part D drug coverage may affect the analysis of whether employer-sponsored prescription drug coverage is 'creditable,' i.e., at least as good as standard Part D prescription drug coverage."  MORE >>

"For plan years beginning after December 31, 2022, the Act provides a safe harbor that permits plans not to lose their high deductible health plan (HDHP) status because the plan covers certain insulin products before the individual meets the plan's deductible."  MORE >>

"Beginning in 2023, Philadelphia employers with 50 or more eligible employees must offer qualified workers a commuter benefit to help offset both mass transit and commuting-by-bicycle expenses."  MORE >>

"The notice only has to be provided once in every 12 month period ending on October 14, so even if an employer provides it earlier in the year (for example, because they have a renewal date early in the year), they would not need to provide the same notice again later that year.... In addition to providing this notice to employees, employers/plan sponsors also have to notify CMS of the status of their prescription drug plan."  MORE >>

"The court explained that 'employee-funded disability benefits are not severable from employer-funded insurance plans' for purposes of evaluating ERISA's applicability -- particularly when the employer 'actively engaged in selecting both the employer-funded and employee-funded policies that comprise a benefits package.' " [Duncan v. Unum Life Ins. Co. of Am., No. 20-600 (M.D. Tenn. Jul. 18, 2022)]  MORE >>

"[T]he plaintiffs claimed that McDonald's unlawfully omitted required information from its COBRA notices and provided only some details haphazardly across several letters. The company did not use the [DOL's] model COBRA notice." [Johnson v. McDonald's Corp., No. 21-42339 (S.D. Fla. notice of settlement filed Jul. 12, 2022)]  MORE >>

"The Michigan Court of Claims issued a decision that rendered the current version of Michigan's paid sick leave law unconstitutional and reinstated the 2018 version of the law. Currently, the 2018 version of the law is scheduled to go into effect on February 20, 2023." [Mothering Justice v. Nessel, No. 21-000095 (Mich. Ct. Cl. Jul. 19, 2022)]  MORE >>

"On August 10, 2022, a federal district court upheld the No Surprises Act (NSA) against a challenge brought by a New York surgeon who argued that major parts of the law were unconstitutional.... This article summarizes this decision -- the third ruling in NSA-related litigation[.]" [Haller v. HHS, No. 21-7208 (E.D.N.Y. Aug. 10, 2022)]  MORE >>

35 pages.  Employee Benefits items begin on page 3.  MORE >>

"This article will endeavor to provide a practical overview of ERISA, followed by some pointers for how to spot and address ERISA problems that commonly arise in the employment law context.... [1] ERISA: A brief overview ... [2] ERISA's requirement of a 'full and fair review' ... [3] Common ERISA mistakes employment lawyers make."  MORE >>