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Missouri Will Mandate Paid Sick Leave

"Beginning May 1, 2025, most Missouri employees will begin accruing paid sick leave at a rate of one hour for every 30 hours worked.... [N]otable features include: [1] No accrual maximum. ... [2] Carryover requirements.... [3] Frontloading.... [4] Use of leave.  ... [5] Existing Paid Time Off (PTO) policies.  ... [6] Causes of action."

DOL Fiduciary Rule Implementation Delayed. What Does the DOL Do Next?

"On July 25, 2024, the U.S. District Court for the Eastern District of Texas issued a stay siding with the insurance industry plaintiffs and enjoining the DOL from enforcing the Final Rule on its effective date of Sept. 23.... On July 26, 2024, the Northern District Court also issued a stay that incorporated the Eastern District's holding but went further and extended the stay to the prohibited transaction exemption changes made under the Final Rule.  ... It appears that the DOL's fourth attempt to expand the fiduciary definition under ERISA could very well suffer the same fate as the previous three attempts."

DOL Finalizes Changes to QPAM Exemption

"The DOL also raised the equity and assets under management thresholds to qualify as a 'qualified professional asset manager' which will be phased in over the next six years. These could prove burdensome for smaller investment managers.... [T]here will be registration and recordkeeping requirements on investment advisers if they wish to rely on the QPAM Exemption in the future.... [T]his could also impact managers relying upon various exemptions under the Investment Advisers Act and the Investment Company Act."

DOL Fiduciary Rule Expected This Spring

"In an unusual move, the DOL held a hearing regarding their proposed rules before the comment period had ended and received more than 19,000 comments during the comment period, which ended Jan. 2, 2024.... Many expect that, if the proposed rules are finalized, there will be challenges to the rules under the Administrative Procedures Act due to this unusual procedure."

Important Massachusetts PFML Updates Effective November 1

"Effective Nov. 1, 2023, the Massachusetts Paid Family Medical Leave (PFML) law will ... allow employees to use accrued paid leave ... to supplement PFML benefits at any time during leave.... [E]mployees will be able to use accrued PTO and other employer-provided paid leave to 'true up' their PFML benefit payments, rather than forfeiting those payments. The Department of Family and Medical Leave has also announced the new contribution and benefit amounts for 2024."

Illinois Enacts Mandatory Paid Leave Law for Workers

"Employees must make an oral or written request to use leave and must follow the employer's policy concerning notification of intent to use leave. Employers may require that employees provide seven calendar days advanced notice for foreseeable leaves.... Employers are not obligated to pay the employee for any accrued but unused paid leave upon the employee's separation."

Massachusetts Paid Family and Medical Leave Benefits, Contribution Rates Changing Effective January 2023

"Beginning in January 2023, the maximum total weekly benefit amount will be $1,129.82 (up from $1,084.31), and the contribution rate on eligible employee wages will be reduced to 0.63% (down from 0.68%). Employers must provide current employees who have already signed an acknowledgement of PFML rates and deductions information about the new contribution rate 30 days in advance of the rate change."

Effect of the Overturn of Roe v. Wade on Employer-Sponsored Group Health Plans

"[E]xpanding reproductive health services, including the addition of a travel and lodging reimbursement benefit, should be considered under the umbrella of a welfare benefit plan, which for non-governmental and non-church plan employers has the benefit, subject to limitations, of the preemption of state laws pursuant to [ERISA].... If expanded travel and lodging reimbursement provisions are desired, consideration should be given to applying these new provisions to all benefits covered under the plan[.]" [Dobbs v. Jackson Women's Health Org., No. 19-1392 (S. Ct. Jun. 24, 2022)]

California Institutes New Supplemental COVID-19 Paid Sick Leave Requirement

"The California Labor Commissioner has now issued FAQs to provide guidance on interpreting the SPSL, and published the required workplace poster (PDF download)."

Group Health Plan Mandate to Cover Over-the-Counter COVID-19 Tests

"Plans or issuers may wish to advise individuals not to seek reimbursement for OTC COVID-19 tests from a health FSA or HRA for the cost already paid or reimbursed by the plan or issuer and not to use health FSA, HRA or HSA debit cards or distributions from an individual's HSA account to purchase tests they plan to seek reimbursement for from the plan or issuer."