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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 [...]

IRS Decreases ACA Affordability Percentage for 2020

Authors: |August 20th, 2019|Administration, Benefits, Compliance, Human Resources, In The Know|

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 [...]

Self-Insured Health Plans: Recent Trends by Firm Size, 1996-2018

Authors: |August 6th, 2019|Human Resources, In The Know, Learning & Development, Strategy|

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 [...]

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 [...]

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 [...]

The Intersection of Workers’ Compensation and OSHA: Look Both Ways Before Crossing

Authors: |June 4th, 2019|Compliance, Human Resources, In The Know|

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 [...]

DOL Announces Statement of Temporary Non-Enforcement Following AHP Ruling

Authors: |May 28th, 2019|Benefits, Human Resources, In The Know|

The U.S. Department of Labor (Department) has released a policy statement and a Questions and Answers – Part Two (FAQ) in reaction to the district court for the District of Columbia’s ruling in State of New York v. U.S. DOL of Labor, which vacated a key part of the Department’s final regulations expanding the availability of association health plans (AHPs). [...]

Seven things employers should know about EBSA investigations

Authors: |May 14th, 2019|Administration, Benefits, Compliance, Human Resources, In The Know, Learning & Development|

The Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) oversees nearly 681,000 retirement plans, approximately 2.3 million health plans, and a similar number of other welfare benefit plans, such as those providing life or disability insurance.[1] As part of its assigned duties under the Employee Retirement Income Security Act of 1974, as amended [...]

Supreme Court Likely To Resolve LGBTQ Title VII Coverage

Authors: |May 7th, 2019|Decision Making, Human Resources, In The Know|

The United States Supreme Court has indicated that it will finally settle the circuit-splitting issue of whether gay and transgender status falls under the protection of Title VII. The court signaled this when it agreed recently to hear three cases that have been appealed to the high court. The three cases are: Altitude Express v. Zarda; Bostock [...]

District Court Finds Undocumented Immigrant Status Insufficient Basis to Rescind Coverage on Material Misrepresentation Grounds

Authors: |April 30th, 2019|Benefits, Decision Making, Human Resources, In The Know|

A federal trial court has ordered a self-insured health plan to pay more than $760,000 in benefits to a hospital that provided care to a plan participant before his death. During treatment for a severe illness, it was discovered that the participant was an undocumented immigrant and had enrolled in the plan using a false [...]