"Effective January 1, 2024, California employers must begin providing eligible employees with at least five days or 40 hours of paid sick leave, increased from the previous minimum of three days or 24 hours.... [M]ost employers have implemented a practice of requiring a doctor's note only after the third day of leave. With SB 616, employers may now need to wait until after the fifth day of an employee's paid sick leave to ask for any kind of substantiation."  MORE >>

"[If] employers intend to charge time required under the Act to an existing vacation or PTO policy, they should amend their existing policy to expressly state that they are doing so. ... [U]nder certain circumstances, an employer can deny an employee use of paid leave under the Act.... [R]easons for denying such leave may be limited to operational and safety concerns. ... [An] employee covered under the Act is entitled to use paid leave under the Act before using unpaid leave under any employer policy or other state law."  MORE >>

"[S]tarting November 1, 2023, employees who apply for PFML benefits directly through the state program will be able to supplement or 'top off' their PFML benefits with their employer- provided accrued paid leave, such as PTO.... [E]mployers and employees do not need to (and should not) report any topping-off of benefits to the DFML; employers are responsible for managing any payments made to employees ... and the DFML will not get involved with managing any potential overpayments to employees resulting from these top-offs."  MORE >>

"The Fourth Circuit unsurprisingly held that ERISA Section 502(a)(1)(B) limits recovery to benefits due under the terms of a plan ... The court's discussion of the Section 502(a)(3) claim was not so straight-forward, however, and ultimately much more important. The Fourth Circuit held that Section 502(a)(3), which expressly permits only 'appropriate equitable relief,' does allow some forms of monetary relief (traditionally thought of as legal, and not equitable), but prohibits others." [Rose v. PSA Airlines, Inc., No. 21-2207 (4th Cir. Sep. 11, 2023)]  MORE >>

"The Third Circuit explained that though the appointment of a Special Master is 'unusual,' the district court appointed her to reinforce its determination that Hartford has a structural conflict and abused its discretion, justifying a remand to Hartford for full consideration of whether Lewis is disabled." [Lewis v. Hartford Life & Accident Ins. Co., No. 23-2431 (3d Cir. Oct. 26, 2023)]   MORE >>

"If the government (HHS) does not appeal this decision, then it's possible that a prior version of their regulation will be back in effect, under which plans and issuers will only be able to use copay accumulators for branded drugs if the drug has an available and medically appropriate generic equivalent, and for fully-insured plans if permitted under state law. And in that case, there's an unresolved HSA/HDHP compliance issue to address." [HIV and Hepatitis Policy Inst. v. HHS, No. 22-2604 (D.D.C. Sep. 29, 2023)]  MORE >>

"Current trends include securing paid leave for family bereavement, miscarriage or other pregnancy loss, and organ donation. These laws require extensive administration, coordination and communication, especially for multistate employers and those with established employer-provided paid leave policies."  MORE >>

"Beginning Jan. 1, the premium rate will drop to 0.74% from this year's rate of 0.8% ... In 2022, the rate was 0.6%. The percentage is based on an employee's total gross wages excepting tips."  MORE >>

"In 2023, 15% of organizations are offering some employees no-cost health plans, and 18% are using salary-based contributions. Around 4 in 10 employers offer a medical plan with low or no deductible."  MORE >>