AARP Lawsuit Aims to Stop EEOC’s New Wellness Rules
by Tammy Binford New rules governing incentives offered as part of employee wellness programs are now the target of a lawsuit from a large advocacy group representing older Americans.
Archives
Blacklisting Rule Halted Ahead of Effective Date
The so-called blacklisting rule will not take effect on October 25, 2016 as planned. A federal district court Monday night granted a request to temporarily halt the regulation requiring federal contractors to report employment law violations to agencies that award contracts (Associated Builders and Contractors of Southeast Texas, et al. v. Rung, No. 1:16-cv-00425 (E.D. […]
ATE: How Do We Handle Probationary Employee Called to Active Duty?
My question regards a probationary employee called to active duty. We have an employee who is serving a 9-month probationary period who was called to active duty for 2 years. By law, do we have to make them a permanent employee? Or do extend the probation and upon her/his return have the employee complete their […]
Court Recasts ERISA/Tax Claim Under PHSA, Allowing COBRA Notice Case to Proceed
By Gwen Cofield Governmental employers and the benefit plans they sponsor are generally exempt from the Employee Retirement Income Security Act’s (ERISA) Consolidated Omnibus Budget Reconciliation Act (COBRA) provisions but are still required to offer COBRA coverage to qualified beneficiaries under the Public Health Service Act (PHSA).
OCR to Take Closer Look at Smaller HIPAA Breaches
Most Health Insurance Portability and Accountability Act (HIPAA) enforcement has focused on the larger breaches of protected health information (PHI). But the U.S. Department of Health and Human Services (HHS) has not forgotten those incidents that fall below the “major” threshold of 500 individuals.
New Survey Shows Working Parents Prefer Flexibility Over Salary
Want to retain working parents? According to a recent FlexJobs survey of nearly 1,200 parents with children 18 and younger living at home, work flexibility (84%) and work/life balance (80%) are the most important factors when parents consider a job opportunity. Parents placed these ahead of other factors, such as salary (75%), health insurance (42%), […]
Documentation: Vermont Hospital Heeds HR Words to Live By
By Amy McLaughlin, JD, Dinse, Knapp & McAndrew As an employment lawyer, the first question I ask clients who are dealing with a challenging personnel matter is what type of documentation exists. Why? Because in the world of employment litigation, documentation is king!
Rise in Mental Health Parity Enforcement Calls for Review of Plan Documents, Practices
By David Slaughter, JD, Senior Legal Editor Enforcement of mental health parity requirements is on the upswing, so plan sponsors and administrators need to be reexamining their plan documents and claims review processes for signs that mental health and substance use disorder (MH/SUD) benefits are being handled differently from other coverage.
IRS issues guidance on opt-out payments for affordable ACA plans
by Ajay Gogna The IRS recently issued guidance on the application of various provisions of the Affordable Care Act (ACA) to employer-provided health insurance coverage, including guidance on how employer offers of “opt-out” payments to employees are treated for purposes of determining whether healthcare coverage is affordable. Analysis of the guidance The ACA requires applicable […]
Did the DOL Exceed Its Authority? Nearly Half of the States Think So
Recently, 21 states and a few employer interest groups filed suit against the U.S. Department of Labor (DOL). Their argument is that the DOL overstepped its authority.