Search the News Archive

Employee Benefits in a Multigenerational Workplace (PDF)

2 pages. Excerpt: Understanding employees' frame of reference is a first step in recognizing their needs and what will attract, motivate, and retain them to work for an enterprise.

DOL Settles Unprecedented Lawsuit Against United Healthcare for Alleged Violations of MHPAEA (PDF)

"The enforcement actions reflect the first instance in which DOL has initiated litigation to enforce MHPAEA against a health insurance issuer, health plan, or administrative service provider in the 13 years since the initial passage of the statute.... [I]ssuers and health plans should carefully review both the consistency of the factors they use to determine which benefits should be subject to a given [non-quantitative treatment limitations (NQTL)] type as well as the ratio of mental health/substance use disorder benefits subject to an NQTL type compared to the application of the same NQTL to medical-surgical benefits in the same classification." [Walsh v. United Behavioral Health and UnitedHealthcare Ins. Co., No. 21-4519 (E.D.N.Y. settlement agreement filed Aug. 11, 2021); Walsh v. UnitedHealth Group Inc. and Oxford Health Ins. Inc., No. 21-4519 (E.D.N.Y. settlement agreement filed Aug. 11, 2021)]

Considerations for Employers in Light of Evolving Same-Sex Partner Rights and Prohibitions Against Sexual Orientation Discrimination (PDF)

Includes Consideration for Employment Law Policies, Family and Medical Leave Inclusion Act, Bereavement and Funeral Leave, Health & Welfare Benefits, Retirement Benefits, and Considerations in the Collective Bargaining Process.

A Primer for Washington Employers on Complying with the Paid Family and Medical Leave Program (PDF)

"[K]ey dates that employers should be aware of include ... [1] July 1-August 31, 2019: Employers had to begin reporting and remitting premiums for Quarters 1 and 2. [2] December 31, 2019: Washington's current Family Leave Act will sunset. [3] January 1, 2020: Employees are eligible to take leave."

Employee Benefits and Executive Compensation Attorney's Role in Corporate Transactions (PDF)

"The key is to identify all of the relevant plans, programs, and arrangements; assemble the appropriate parties to provide a thorough review and analysis of each one so that transaction agreements can be properly tailored; ensure that potential and existing liabilities are addressed; and that any related plans, documents, and agreements impacting the employees can be amended or prepared so that the transaction is a success."

Supreme Court Strikes Down DOMA: Eleven Benefit-Related Issues to Review

"[This article includes] a list of certain significant issues that plan sponsors and benefits professionals should review in connection with the Supreme Court decision.... Many questions remain unanswered, and ... new issues will become apparent ... Must a same-sex marriage in a state or district permitting such marriage be recognized in a state that does not otherwise permit same-sex marriage?... What is the effect on a company's plans if it has employees in several jurisdictions, only some of which recognize same-sex marriages?... Should plans be administered prospectively from the date of the decision, or must there be retroactive application?"

Recent Developments Suggest Plan Changes That Benefit Both Employers and Employees

"[R]ecent changes in tax law and court decisions in the ERISA area encourage employers to revisit their retirement plans and consider pocketbook and non-pocketbook improvements for the employer and employee alike. [1] Tax aspects of qualified retirement plans can save money for both employers and employees; [2] The benefits of a contractual claims limitation period; [3] The benefits of a contractual venue selection clause; [4] The standard of judicial review in the context of top hat plan benefit disputes; and [5] Fiduciary exception to the attorney-client privilege in plan administration."

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."