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Discrimination, Benefit Issues to Watch When Returning Furloughed Workers

"Applicable large employers should be aware of how breaks-in-service following a rehire of furloughed employees affect eligibility provisions and waiting periods under the employer's group health plan. If benefits continued during the furlough, potential employee 'catch-up' payments are needed if the employer paid employee premiums during this period.... It is also important for employers to review the impact of adjustments to compensation on benefit contributions and eligibility and remind returning employees to review these changes and resume contributions to retirement plans."

Five Actions for Employers to Take During 2013 in Preparation for ACA Enforcement

"While affected employers can avoid facing penalties until 2014 for not making health care coverage available to their workforce, the [DOL] has begun auditing employers' group health plans for compliance with other requirements of the law that are already in effect. As the DOL steps up its audit efforts ... [here] are five actions that employers should consider taking in 2013. [1] Assess the Workforce ... [2] Choose Whether to 'Pay' or to 'Play' ... [3] Evaluate Existing Wellness Programs and/or Implement New Wellness Programs to Enhance Employees' Health Profiles and to Avoid or Minimize the 'Cadillac Tax' ... [4] Understand and Be Ready to Comply with New Tax-Related Changes and Requirements [and] ... [5] Conduct Self-Audits to Ensure Compliance."

Fertility and Surrogacy Benefits: Tax and Legal Implications (PDF)

"IRS Pub. 502 ... clearly stated that taxpayers can deduct the costs of 'fertility treatments,' such as IVF, to 'overcome an inability to have children.' ... Surrogacy costs further complicate the tax analysis ... New York, Louisiana, and Michigan currently prohibit by statute [commercial gestational surrogacy], but the remaining states either have laws that explicitly make commercial surrogacy contracts legal or have no laws at all[.]"