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Administration Begins Swift Implementation of EO to Expand 401(k) Plan Access to Alternative Investments

"The DOL, SEC and the Treasury Department will need to work through important issues as they develop new policies directed by the EO.... [M]arket participants working to expand retirement savers' and retail investors' access to alternative investment options will need to continue resolving operational risks involved with developing new products, while also preparing for potentially increased scrutiny[.]"

Trump Administration Issues Wide-Ranging EO to Lower Drug Prices

"While the [Executive Order] does not immediately change regulations, it directs federal agencies to issue guidance, initiate rulemakings and deliver recommendations on a range of prescription drug issues. Key areas include reforming IRA implementation, especially the treatment of small molecule drugs under the 'pill penalty,' as well as expanding drug importation, improving pharmacy benefit manager (PBM) fee transparency, reevaluating hospital drug reimbursement and promoting access to discounted insulin and epinephrine."

Colorado Provides Updated Guidance for Paid Sick and Safe Leave

"On both June 24 and Aug. 2, 2022, the Colorado Department of Labor and Employment's Division of Labor Standards and Statistics issued yet additional revised and updated guidance as to the HFWA.... By Jan. 1, 2023, all covered employers are required to register with the FAMLI Division. Virtually all employers with employees in Colorado are covered."

Ways and Means Budget Reconciliation Bill: Summary and Analysis of Paid Leave and Retirement Provisions

"On Tuesday, Sept. 7, House Ways and Means Committee Chair Richard Neal (D-MA) released part of the committee's portion ... [of] the expected $3.5 trillion budget reconciliation measure ... This alert summarizes Subtitles A (Universal Paid Family and Medical Leave) and Subtitle B (Retirement)."

September 15 Is Final Deadline for ARPA COBRA Subsidy Expiration Notices

"The expiration notice must be written in clear and understandable language to communicate that: [1] the ARPA COBRA subsidy for such individual will expire soon and the prominent identification of the date of such expiration and [2] such individual may be eligible for coverage without any subsidy through COBRA continuation coverage or coverage under a group health plan."

Potential Congressional Action on Telehealth

"To date in the 117th Congress, there have been at least 25 bills introduced on telehealth expansion. While some proposals stem from long-standing policy proposals from previous years, others build off the foundation of the PHE waivers and CARES Act policies and aim to make them permanent."

No Fooling Around: New Six-Month COBRA Subsidy Starts April 1, Requires Immediate Action

"[O]nly the portion of the COBRA premium otherwise payable by an AEI is eligible for the subsidy. This means that any additional subsidy voluntarily provided by a plan sponsor is ignored ... [P]lan sponsors will need ... to make certain that there otherwise is adequate consideration for any applicable separation agreements entered into by a terminating employee."

What the Limited Extension to the FFCRA Means to Employers

"Whether employers elect to continue offering EPSL or EFML, they should keep in mind the interplay with paid COVID-19-related leave under state and local law, as well as paid and unpaid leaves available under the [FMLA] ... Where state and local laws provide paid leave for reasons that overlap with the FFCRA, it makes sense for employers to continue to offer EPSL and EFML in order to obtain the payroll tax credit that is not available when leave is provided only under state or local law. Employers should be sure to designate the leave as EPSL/EFML in such circumstances, and properly document it."

The Perils of PTO for Multi-Jurisdictional Employers (PDF)

"Categories of Paid Time Off ... Vacation/PTO: A question of contract, or a vested right? ... Use-it-or-lose-it policies and caps on accrual ... Payout of accrued vacation/PTO upon termination ... Interplay with paid sick leave laws ... Unlimited PTO policies."

IRS Notice 2020-68: Implementing Long-Term Part-Time Employee 401(k) Elective Deferrals

"Notice 2020-68 clarifies that all years of service, even years before 2021, must be considered for determining a long-term part-time employee’s vesting in any employer contributions allocated to that participant’s account, unless those years otherwise may be disregarded ... [M]any employers were counting on only having to track part-time employee service on a going-forward basis after Jan. 1, 2021. However, this vesting service requirement likely adds a significant administrative burden on employers."