Benefits Newsletter: 3/30/23
With Employee Benefits & HR topics regularly in the news, it’s difficult to stay up to date. Our weekly newsletter will help you stay current. Check out this week’s edition.
Read MoreBonuses Paid by Third Parties Excluded From Regular Rate for Overtime Calculation Purposes
Perhaps the most frequently violated provision of the Fair Labor Standards Act is that law’s requirement that non-discretionary bonuses be included in non-exempt employees’ regular rate of pay used for purposes of calculating overtime pay. On August 20, the Third Circuit Court of Appeals concluded that incentive bonuses paid to employees by third parties were …
A Dramatic Shift in Health Care Pricing Transparency
The Issue: On June 24, 2019, President Trump signed an executive order, which instructed the Department of Health and Human Services to publish rules requiring hospitals to publicly disclose their negotiated rates for services. On August 9, 2019, proposed rules were published by the Centers for Medicare and Medicaid Services (“CMS”). The Situation: The proposed …
What Am I Doing Wrong? Common FMLA Mistakes
In a recent opinion letter, the U.S. Department of Labor (“DOL”) Wage and Hour Division clarified its position on two points: (1) an employer may not delay the designation of FMLA-qualifying leave as FMLA leave, and (2) an employer is prohibited from designating more than 12 weeks of FMLA leave (or 26 weeks for military …
IRS Decreases ACA Affordability Percentage for 2020
In the recently issued Revenue Procedure 2019-29, the Internal Revenue Service (IRS) reduced the applicable contribution percentage for the 2020 plan year. This percentage is used for purposes of determining whether an employer’s health insurance coverage is affordable under the Affordable Care Act (ACA). Background Under the ACA, an applicable large employer will not be …
IRS Decreases ACA Affordability Percentage for 2020 DOL Issues New Compliance Tools
The U.S. Department of Labor announced the launch of additional plain-language, user-friendly compliance assistance materials to help employers, workers, and other stakeholders understand their responsibilities and their rights under federal labor law. The Department’s Wage and Hour Division (WHD) added a number of publicly available presentations to its website, covering topics such as the Fair …
Self-Insured Health Plans: Recent Trends by Firm Size, 1996-2018
This paper examines trends in the availability of and enrollment in self-insured health plans among private-sector establishments offering health plans and their covered workers, with a particular focus on 2013 to 2018, so as to assess whether the Patient Protection and Affordable Care Act of 2010 (ACA) might have affected these trends and more recent …
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