"Washington's Paid Family and Medical Leave program (PFML) will change once again next year, providing expanded employee protections and attempting to remedy the leave stacking issue many employers have experienced, among other changes. The amended provisions included in HB 1213 take effect on January 1, 2026, and will impact all Washington employers."  MORE >>

"The proposed rule [1] provides guidance on how employers should calculate how many employees they have.... [2] clarifies that for full-time employees, employers may 'front-load' the total amount of hours ... in a lump sum at the beginning of each year, or on a prorated basis for employees hired later in the year.... [3] states that employers can automatically apply sick leave to any unapproved absence, not just those used for protected uses.... [4] states that employers can require reasonable advance notice of up to 10 days in advance for foreseeable absences."  MORE >>

"Plan sponsors should take immediate action to determine if their 2026 plan design for premium cost-sharing does not create an issue with the new affordability threshold. Presumably, plan sponsors have already determined if their group health plan(s) offer minimum essential coverage; however, considering the increased penalty amounts, it may be advantageous to confirm that aspect of plan design as well."  MORE >>

"[T]he Second Circuit ... [held] that a former employee's separation agreement with her employer did not amount to a knowing and voluntary waiver of her ERISA claim for long-term disability (LTD) benefits. The court emphasized that the employer's explicit pre-execution assurances that the agreement would not affect the LTD claim were dispositive, even though the contract contained broad release language that arguably covered related entities and ERISA claims." [Schuyler v. Sun Life Assurance Co. of Canada, No. 23-498 (2d Cir. Aug. 14, 2025)]  MORE >>

"The court found that EMC Corp., acting as an ERISA fiduciary, failed to meet its duty of care by not adequately informing a former employee about the need to convert their group life insurance coverage after employment ended. The Court found that although EMC Corp. had provided standard plan documents to the former employee, its response to the employee's direct inquiry lacked the clarity and completeness required under ERISA, ultimately leading to a loss of coverage and benefits." [Watson v. EMC Corp., No. 19-2667 (D. Colo. May 7, 2025)]  MORE >>

"GLP-1 medications ... have rapidly transformed the management of diabetes and obesity, becoming some of the most requested treatments within employer-sponsored health plans.... [T]he high cost and frequent shortages of these FDA-approved drugs have led employers and patients to explore compounded GLP-1 medications as an alternative. As a pharmacist, [the author aims] to provide clarity on the safety, efficacy, and innovative strategies employers can use when considering compounded GLP-1 therapies."  MORE >>

Changes to benefits-related items from the Fall 2024 DOL Regulatory Agenda:

Added to Proposed Rule Stage:

• Improving Transparency into Pharmacy Benefit Manager Fee Disclosure [1210-AB37]
• Transparency in Coverage [1210-AC30]
• Default Electronic Disclosures by Employee Welfare Benefit Plans Under ERISA [1210-AC35]
• Employee or Independent Contractor Classification Under the Fair Labor Standards Act [1235-AA46]

Moved from Final Rule Stage to Proposed Rule Stage:

• Performance Benchmarks for Multi-Asset Class Investments [1210-AC26]

Added to Final Rule Stage:

• Removal of Interpretive Bulletins Relating to [ERISA] of 1974 [1210-AC32]
• Selection of Annuity Providers -- Safe Harbor for Individual Account Plans [1210-AC33]
• Removal of 2550.401c-1, Definition of 'plan assets'-insurance company general accounts [1210-AC34]
• Investment Advice Fiduciary Under ERISA [1210-AC36]
• Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights [1210-AC37]

   MORE >>

Changes from the Fall 2024 IRS Regulatory Agenda:

Added to Proposed Rule stage:

• Indian Tribal Governmental Plans [1545-BI19]
• Minimum Vesting Standards [1545-BN49]
• Electronic Furnishing of Payee Statements Regarding Digital Asset Sales by Brokers [1545-BR47]
• Modification to Section 415(c) Compensation Definition Relating to Back Pay [1545-BR49]
• Determination of Target Normal Cost and Funding Target for Single-Employer Defined Benefit Pension Plans [1545-BR50]
• Transparency in Coverage (CMS-9882) [1545-BR51]

Moved from Proposed Rule stage to Final Rule stage:

• Regulations Governing Practice Before the Internal Revenue Service [1545-BQ12]
• Automatic Enrollment Requirements under Section 414A [1545-BR08]
• SECURE 2.0 Act Updates to Catch-up Contribution Rules Under Section 414(v) [1545-BR11]

MORE >>