Decision Making

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A view into the latest Benefits and HR topics

Bonuses Paid by Third Parties Excluded From Regular Rate for Overtime Calculation Purposes

Authors: |September 10th, 2019|Compliance, Decision Making, Human Resources, In The Know|

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

Authors: |September 3rd, 2019|Administration, Communications, Decision Making, In The Know, Technology|

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 rules require hospitals [...]

DOL Issues New Compliance Tools

Authors: |August 14th, 2019|Administration, Compliance, Decision Making, In The Know|

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 Labor Standards [...]

DOL Issues Guidance on Payroll Rounding, Overtime Calculations, and Certain Paralegals

Authors: |July 30th, 2019|Administration, Benefits, Compliance, Decision Making, In The Know|

Employers looking for guidance on payroll rounding practices, classification of certain highly compensated paralegals, and calculating overtime where employees receive non-discretionary bonuses will be glad to know the Department of Labor (DOL) has issued three new Opinion Letters on those subjects. DOL Opinion Letters are issued by the Wage and Hour Division of the DOL [...]

New HRA Rules: What Employers Need to Know

Authors: |July 23rd, 2019|Administration, Benefits, Compliance, Decision Making, In The Know|

Starting in 2020, employers will be able to offer health reimbursement arrangements (HRAs) that work in conjunction with individual coverage or Medicare without running afoul of the Affordable Care Act’s (ACA) market reform rules. These individual coverage HRAs (ICHRAs) could be used to pay for out-of-pocket expenses, premiums for Medicare, or individual policies purchased through [...]

President Directs Agencies to Expand HSA and FSA Rules

Authors: |July 9th, 2019|Administration, Benefits, Compliance, Decision Making, In The Know|

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 HSAs provide [...]

How Many Benefits are Included in the Calculation of Regular Rate? The World May Never Know

Authors: |July 2nd, 2019|Benefits, Decision Making, Human Resources, In The 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 the interest [...]

New Executive Order Attempts to Make Healthcare Prices More Transparent

Authors: |June 25th, 2019|Benefits, Communications, Decision Making, In The Know|

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 public more [...]

Planning For DOL’s Overtime Rules In A Tough Labor Climate

Authors: |June 18th, 2019|Administration, Compliance, Decision Making, Human Resources, In The Know|

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 [...]

What Are Employee Weingarten Rights And Are There Limits?

Authors: |May 21st, 2019|Communications, Decision Making, In The Know|

There are many legal nuances companies must deal with on the employee relations front in union versus non-union environments. For example, employees in a unionized workforce have the right to have, upon request, a union representative present with them during any investigative interview that may lead to discipline of that employee – commonly referred to as “Weingarten [...]