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[Guidance Overview]
January 1 Changes to State and Local Paid Sick Leave Laws
"Roughly 20 states and 30 local jurisdictions have implemented paid sick leave laws. Several of these states and jurisdictions amended their paid sick leave policies in 2023 ... Minnesota has enacted its first statewide paid sick and safe time law ...
[1] California ... [2] Illinois ... [3] Washington ... [4] Chicago ... [5] Minnesota." MORE >>
Miles & Stockbridge
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[Guidance Overview]
California Paid Sick Leave Amendments Take Effect January 1; Updated FAQs Clarify New Provisions
"[T]he amendments increase the annual amount of California paid sick leave ... to the greater of five days or 40 hours for eligible employees ... [and] raise the accrual and year-end carryover cap from 48 hours or six days to the greater of 80 hours or 10 days.... [T]he
California Department of Industrial Relations published updated FAQs on the amended law, including how employers can transition existing paid sick leave protocols to satisfy the amended requirements." MORE >>
Seyfarth Shaw LLP
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[Guidance Overview]
What Employers Need to Know About the New Chicago Paid Leave and Paid Sick and Safe Leave Ordinance
"The Ordinance applies to all Chicago employers, and all employers who have employees performing 80 hours of work in a 120-day period in the geographical boundaries of Chicago. Employers will be better off frontloading the Paid Leave and Paid Sick Leave amounts rather than
accruing and carrying over to avoid accrual and the ability to use up to 176 hours in a year, which will also limit potential abuse since employers cannot use their absence-control policies when employees are taking paid leave under the Ordinance." MORE >>
FordHarrison
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Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims
"Employees filing FMLA retaliation claims in Eleventh Circuit courts now have a heightened burden of proof under the but-for causation standard ... [T]he Sixth Circuit tiptoed around the issue but stated that the but-for standard 'seems' correct. The Fourth Circuit
has also applied the but-for causation standard ... [while] the Second and Third Circuits have looked to the motivating factor standard ... Due to this ever-growing circuit split, it is possible that the Supreme Court may take up the issue in the near future." [Lapham v.
Walgreen Co., No. 21-10491 (11th Cir. Dec. 13, 2023)] MORE >>
Proskauer
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Eleventh Circuit Decision Raises FMLA Retaliation Standard: Employer Strategies to Avoid Violations
"[T]he 11th Circuit's decision provides greater protection for employers by establishing that the heightened causation standard applies to FMLA retaliation claims.... Make sure that leave request policies involve a clear and streamlined process, and you respond to requests in
a timely matter.... Train supervisors to avoid consideration of leave requests in employee evaluations, annual reviews, or in preparation for adverse employment actions.... Maintain consistency in your treatment of all employee leave requests." [Lapham v. Walgreen Co.,
No. 21-10491 (11th Cir. Dec. 13, 2023)] MORE >>
Fisher Phillips
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MEWA Liability in Mergers and Acquisitions (PDF)
"[A MEWA may be] unintentionally created by a buyer or seller during the purchase or sale of a company. If not properly handled, this can lead to significant liabilities for the buyer and possible loss of coverage.... This article will discuss three transaction scenarios
involving MEWAs and provide advice on how to avoid potential liabilities and compliance failure." MORE >>
Lockton
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Legislators Consider PBM Reform to Address the Cost of Prescription Drugs (PDF)
11 pages. "[At] least six congressional committees have jurisdiction over some aspect of PBMs ... All six committees have advanced PBM-related bills.... [An 8-page chart] compare[s] policies in the Lower Costs, More Transparency Act [HR 5378] and the PBM bills considered individually by the relevant House and Senate committees." MORE >>
McDermott Will & Emery
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Employee Well-Being at 12-Year Low: Mental Health Emerges as Top Concern
"50% of employees say access to behavioral or mental health services for themselves and their families would be highly valuable. Only 39% report that their organization offers adequate mental health support. This lack of support is especially concerning considering the projected
decline in Americans' mental health: 6 in 10 college students have a mental health diagnosis, suggesting future generations will need even greater support." MORE >>
MSN News
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Mental Health Care Coverage Is Coming for Medicare Recipients in 2024
"Medicare is set to expand its coverage to include marriage and family therapists as well as mental health counselors beginning in January 2024 ... The move ... is a big change for Medicare that has for decades limited mental health care coverage to services
provided by psychiatrists, psychologists, licensed clinical social workers and psychiatric nurses[.]" MORE >>
Kiplinger
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Employee Benefits Jobs
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Webcasts and Conferences (Health & Welfare Plans) |
Just Enroll with It: How to Empower Your Employees Post-Enrollment
January 24, 2024 WEBINAR
SHRM [Society for Human Resource Management]
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Last Issue's Most Popular Items |
How to Avoid the Contract Confusion of Gag Clause Compliance
International Foundation of Employee Benefit Plans [IFEBP]
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New California Law Bans Surprise Ambulance Bills in 2024
CalMatters
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2024 Income Related Monthly Adjustment Amount (IRMAA) for Medicare Part B and Part D Premiums
Kiplinger
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Copyright 2023 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.
BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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