U.S. Department of Labor Issues Final Overtime Rule Updating White Collar Exemptions
On July 13, 2020, the IRS released draft 2020 forms for ACA reporting under Code Section 6056. Related draft instructions have not yet been released. In addition, draft 2020 forms for reporting under Code Section 6055 have not been released at this time. This ACA Compliance Bulletin provides an overview of the draft changes that were made to the Forms 1094-C and 1095-C for 2020 reporting.
Read MoreBenefits Newsletter 10/1/19
In This Issue: New IRS Proposed Regulations Texas v. U.S.: Some Possible Consequences of the ACA Constitutionality Challenge Pending in the Fifth Court 2019 Employer Health Benefits Survey Employer Strategies to Reduce Health Costs and Improve Quality Through Network Configuration COBRA Notice Litigation Results in Big Dollar Claims ACA Round Up: MLR Rebates, Insurer Competition, …
Arbitration Agreements 101
The Eighth Circuit has issued a reminder to those seeking to bind employees and consumers to arbitrate future disagreements: don’t gloss over contract basics. In Shockley v. PrimeLending, 929 F.3d 1012, Jennifer Shockley sued her former employer under the Fair Labor Standards Act, alleging she was not paid for all earned wages and overtime pay. …
Employers Are Expected to Spend More on Health Care and Wellness in the Next Year
According to Optum’s Wellness in the Workplace study, more than 80% of employers plan to spend more on health care and wellness in the next year than in previous years. Health Care Spending The cost of providing employer-sponsored health care has been steadily increasing over the years. According to the Kaiser Family Foundation, the average …
Bonuses 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 …
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