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 MorePresident Directs Agencies to Expand HSA and FSA Rules
In an Executive Order issued on June 24, 2019, President Trump directed several agencies to address a number of health care related matters through regulation. This post discusses Section 6 of the Executive Order, which takes aim at Health Savings Accounts (HSAs), health care Flexible Spending Accounts (FSAs), and medical expenses generally. Health Savings Accounts …
How Many Benefits are Included in the Calculation of Regular Rate? The World May Never Know
On March 28, 2019, the Department of Labor (“DOL”) issued a lengthy and detailed Notice of Proposed Rulemaking (“NPRM”) to revise the regulations governing how employers should calculate “regular rate” under the Fair Labor Standards Act (“FLSA”). Upon release, the DOL set a deadline for public notice and comment of May 28, 2019. However, citing …
New Executive Order Attempts to Make Healthcare Prices More Transparent
Anyone who has tried to shop around for hospital services knows this: It’s hard to get prices in advance. President Trump signed an executive order Monday that he says would make such comparisons easier, and make the pricing process more transparent. The order directs agencies to draw up rules requiring hospitals and insurers to make …
Planning For DOL’s Overtime Rules In A Tough Labor Climate
On March 7, 2019, the U.S. Department of Labor announced its proposed regulations on overtime that would render more than 1 million new workers eligible for overtime pay. Coupled with a historically tight labor market, this new rule has the potential to place even greater strain on employers already struggling to attract and retain new …
Recommended Practices for Employer-Provided Meals and Snacks in Light of Recent IRS Guidance
The IRS continues to aggressively audit how free meals and snacks offered to employees in many workplaces are treated for federal tax purposes. Recent IRS guidance in this respect is Technical Advice Memorandum 201903017 (the TAM) published this spring. The TAM, which includes both employer-favorable and IRS-favorable provisions, is essentially the first guidance on employer-provided …
The Intersection of Workers’ Compensation and OSHA: Look Both Ways Before Crossing
In many ways, workers’ compensation (WC) and the OSHA are very different. WC is a statutory compensation scheme designed to limit an employer’s liability in exchange for more expedient payment of medical expenses, wage replacement, and death benefits. Most of these individual state-based compensation acts were in place long before OSHA. OSHA compliance and related …
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