"Minnesota's new earned sick and safe time (ESST) law will allow employers to frontload forty-eight hours of ESST in the first year of employment and pay out in cash the value of unused hours at the end of the year and not carry over unused hours into the next year.... An employer may avoid the administrative burden of tracking earned and used ESST hours by using the frontloading method."  MORE >>

"Because all claims are subject to the claim substantiation requirements, administrators cannot engage in substantiation shortcuts such as reviewing only a percentage of claims (i.e., sampling) or automatically reimbursing claims that are below a 'de minimis' dollar threshold ... These actions jeopardize the income exclusion that would otherwise apply to reimbursements from these arrangements ... and could cause all reimbursements to be taxable, not just those approved using the impermissible techniques."  MORE >>

"This change to potential remedies for fiduciary breach, at least in the Fourth Circuit, is notable. Even if the claimant can demonstrate that the fiduciary was unjustly enriched by its actions, tracing the funds may present a significant challenge. A dissent disagreed that the Supreme Court had rejected Amara's 'blessing' of surcharge as an available remedy and would conclude that the ability to obtain relief does not turn on traceability." [Rose v. PSA Airlines, Inc., No. 21-2207 (4th Cir. Sep. 11, 2023)]  MORE >>

"This audit will focus on assessing the extent of EBSA's enforcement of mental health parity laws and regulations, as well as its corresponding corrective actions."  MORE >>

"Many companies used the lower premium increases of recent years as an opportunity to increase their point solutions offerings. They focused on a variety of specialty areas like mental health, fertility, caretaking, and employee perks. The 2024 increase in premiums will drive more focus on assessing the use and impact of those solutions versus their budget impact."  MORE >>

"[S]uccessfully addressing cost transparency in the [emergency department] could be transformative in reducing financial harm from unexpected medical care ... [The authors] share a vision for how policies and legislation that promote investment in key technical infrastructure and care team development could help facilitate out-of-pocket cost transparency in the emergency setting."  MORE >>

"Use engagement surveys and other tools to understand the challenges your people are feeling. Find out more about the benefits that already mean the most to them.... [C]ommon, but potentially overlooked, items to include in your benefits packages [include:] [1] Student loan repayment support ... [2] Financial planning ... [3] Consumer-directed benefits (CDBs) ... [4] Benefits literacy ... [5] Lifestyle Spending Accounts (LSAs)."  MORE >>

"[T]he new transparency mandates to disclose prices for 'shoppable services' are too complex to be effective for most participants. The best opportunity to facilitate consumerism is to make available an innovative Advanced Explanation of Benefits (A-EOB) ... Because [DOL] guidance on the A-EOB has yet to be issued, any organization that strategically implements their own version of a 'best practices' A-EOB could capture a competitive financial advantage -- reducing both employer spend and employee out-of-pocket costs -- by putting the economic purchasing power and decision-making in the participant's hands."  MORE >>

Video of October 25 hearing, including testimony by: [1] Ben Verhoeven, Peoria Gardens, Inc.; [2] Jocelyn Frye, National Partnership for Women & Families; [3] Rachel Greszler, The Heritage Foundation; and [4] Elizabeth Milito, National Federation of Independent Business.

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"The court agreed with the trustee that the Plan's waiver language was enforceable, following Sixth Circuit precedent ... Rejecting [the employees'] argument that the Plan provisions operated as a prospective waiver of statutory remedies under ERISA, the district court.... reasoned that '[a]n arbitration agreement thus does not alter or abridge substantive rights; it merely changes how those rights will be processed.' " [Merrow v. Horizon Bank, No. 22-123 (E.D. Ky. Oct. 24, 2023)]  MORE >>