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Health & Welfare Plans Newsletter

January 25, 2024

2 New Job Opportunities 2 New Job Opportunities


[Guidance Overview]

WHD Fact Sheet 28D: Employer Notification Requirements Under the Family and Medical Leave Act

Updated Jan. 2024. "This fact sheet explains employers’ obligations to provide employees information about their FMLA rights and responsibilities."  MORE >>

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Guidance Overview]

WHD Fact Sheet 28E: Employee Notice Requirements Under the Family and Medical Leave Act

Updated Jan. 2024. "The Family and Medical Leave Act (FMLA) provides job-protected leave from work for family and medical reasons. This fact sheet explains how employees request FMLA leave."  MORE >>

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Guidance Overview]

WHD Fact Sheet 28H: 12-Month Period Under the Family and Medical Leave Act (FMLA)

Updated Jan. 2024. "This fact sheet explains the four options that employers may use to establish the 12-month period for taking FMLA leave for most leave reasons. (This fact sheet does not address the 'single 12-month period' applied to military caregiver leave.)"  MORE >>

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Guidance Overview]

WHD Fact Sheet 28I: Calculation of Leave Under the Family and Medical Leave Act

Updated Jan. 2024. "This fact sheet explains how to count the amount of leave available and amount of leave used under the FMLA."  MORE >>

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Guidance Overview]

WHD Fact Sheet 28L: Leave under the Family and Medical Leave Act for Spouses Working for the Same Employer

Updated Jan. 2024. "When spouses work for the same employer and are both eligible to take FMLA leave, the FMLA provides that they share the amount of leave they may take for some, but not all, FMLA-qualifying leave reasons. This fact sheet explains the amount of FMLA leave available to spouses who work for the same employer."  MORE >>

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Guidance Overview]

Is There a Penalty If an Employer Does Not Timely File 2023 Forms 1094/1095? (PDF)

" Because separate penalties apply for returns filed with the IRS and statements furnished to employees, failures can easily result in 'double' penalties -- one for the statement to be furnished to an individual and a second penalty for the return to be filed with the IRS.... For 2023 returns and statements filed and furnished in 2024, the penalty for failing to file electronically is increased to $310 per return, not to exceed $3,783,000[.]"  MORE >>

Thomson Reuters / EBIA

Will Self-Funded Plans Get Caught Up in Carrier and TPA Legal Battles?

"[T]his lawsuit ... was filed by the DOL itself, rather than by employers or plan participants, which carries significant implications for the industry. In addition to summarizing key points of DOL's complaint against BCBSM, Inc., this article will also provide an overview of several recent lawsuits that have been filed against other TPAs, emphasizing the growing scrutiny of their claims payment and oversight practices by various stakeholders." [Su v. BCBSM, Inc., No. 24-0099 (D. Minn. complaint filed Jan. 12, 2024)]  MORE >>

BenefitsPro; free registration required

Independent Contractors and Employee Benefits

"Often employers seek to offer group benefits to independent contractors to be helpful or kind, but the risks to the employer and worker are significant and should not be taken lightly. It's important to remember that when you are engaging a true independent contractor you are essentially contracting with a business."  MORE >>

HUB International

Medicare Guidance for Employers

"With people over age 65 accounting for up to 37% of personal healthcare spend in the US, it's beneficial for both the employees and employers to find the right fit of medical benefits for this growing employee group."  MORE >>

Woodruff Sawyer

Public Comments on DOL Rescission of Association Health Plan Regs

"[EBSA] is proposing to rescind its regulation ... that established alternative criteria for a group or association of employers to sponsor an association health plan (AHP) under [ERISA]. The regulation's alternative criteria were vacated in large part by a 2019 decision of the U.S. District Court for the District of Columbia[.]" [Public comments on the proposed rescission are published at this page; comment period closes on Feb. 20, 2024.]  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

GAO Report on Federal Employee Paid Parental Leave: OPM Should Take Steps to Further Raise Awareness of the Program

"Starting October 1, 2020, most federal civilian employees became eligible to take up to 12 weeks of paid parental leave for the arrival of a new child whether by birth, adoption, or foster care. The Office of Personnel Management's government-wide data showed that most federal employees were aware of the benefit, and the number of employees who took paid parental leave generally aligned with OPM's initial estimates. However, OPM's webpage for federal leave policies is outdated and doesn't include information about the benefit." [GAO-24-106654 Jan. 25, 2024]  MORE >>

U.S. Government Accountability Office [GAO]

Benefits in General

[Guidance Overview]

DOL's Final Independent Contractor Rule Contains Important Potential Impacts for Employee Benefit Plans

"This Bulletin highlights the differences in worker classification between the [IRS] rules that are applicable to employee benefit plans and the DOL Final Rule guidance that is applicable to FLSA determinations. Employers will need to determine how best to coordinate these agency guidelines when determining whether an individual should be treated as an employee and for what purpose."  MORE >>

Winston & Strawn LLP

[Guidance Overview]

Employers Need to Get 'Control' of IRS Controlled Group Rules (PDF)

"Determining that a business is a single controlled group can have profound implications for purposes of retirement plans and health and welfare plans and related purposes ... [T]he IRS and DOL rules relating to controlled group determinations were last issued approximately thirty years ago.... [and] leave open questions when it comes to modern-day corporate forms.... This column provides an overview of the controlled group rules and certain considerations that taxpayers may want to have in mind when applying these rules to their modern-day corporate structures, including with respect to the ACA."  MORE >>

Davis & Gilbert LLP, via Employee Relations Law Journal

Making Employee Benefits Matter in 2024 and Beyond

"From 2019 to now, the number of companies that have established minimum standards has increased from 36% to 70%.... Being market competitive remains the priority for the majority (67%). Equally, companies increasingly are focused on wellbeing (61%) and, equitable and inclusive benefits (56%).... [B]enefits costs and risks are a priority for both at the HQ and local operations. However, companies appear to acknowledge that this is best done by aligning total rewards costs with what employees value and getting rid of under-utilized or under-valued benefits (46%)."  MORE >>

Willis Towers Watson

Employee Benefits Jobs

View job as DC/DB Administrator for HowardSimon

DC/DB Administrator



View job as DC/DB Administrator for HowardSimon

View job as Retirement Plan Consultant for Definiti

Retirement Plan Consultant



View job as Retirement Plan Consultant for Definiti

Webcasts and Conferences
(Health & Welfare Plans)

2024 Second Annual Mental Health Forum

February 8, 2024 in FL

Greater Orlando Society for Human Resource Management [GOSHRM]

DOL ERISA Enforcement 2024 Update: ERISA Enforcement 101, Basics and Best Practices

February 15, 2024 WEBINAR

Morgan Lewis

DOL ERISA Enforcement 2024 Update: Enforcement Activities and Priorities for Health and Welfare Plans

March 14, 2024 WEBINAR

Morgan Lewis

Last Issue's Most Popular Items

ERISA Litigation Faces New Frontiers in 2024 (PDF)

Groom Law Group, via Law360

ACA Employer Mandate Requirements

HUB International

Key Employee Benefits Trends in 2024


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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.

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