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DOL Delays “Final Rule” for ERISA Disability Benefits

On November 29, 2017, The Department of Labor delayed through April 1, 2018, the applicability of a Final Rule amending the claims procedure requirements applicable to ERISA-covered employee benefit plans that provide disability benefits. The purpose of the Final Rule was to add procedural protections and safeguards similar to those applicable to group health plans … Continue Reading

DOL Issues Proposed Rule Implementing Executive Order on Paid Sick Leave For Federal Contractors

The Department of Labor (DOL) has announced a Proposed Rule [pdf] to implement Executive Order 13706, Establishing Paid Sick Leave for federal contractors.  As we previously reported, under that Order, beginning January 1, 2017 federal contractors and subcontractors must grant each employee working under covered contracts (or covered subcontracts) one hour of paid sick leave … Continue Reading

Breaking News: Executive Order Establishing Paid Sick Leave For Federal Contractors

Yesterday (September 7, 2015), while most workers were celebrating Labor Day, President Obama signed an Executive Order mandating that private employers doing business with the federal government provide paid sick leave to those employees working under federal contracts.  Under the Order, beginning January 1, 2017, all federal contractors and subcontractors must agree to grant each … Continue Reading

Big-Time Fun Restaurant Is Having a Decidedly Unfunny Time After Cutting Health Care Benefits

Dave & Buster’s, the establishment known for serving up “big-time fun” by combining food, drinks and arcade games, is in the news for being the first business accused in a lawsuit of cutting its workers’ hours to avoid providing health care under the Affordable Care Act (“ACA”) in violation of the Employee Retirement Income Security … Continue Reading

EEOC Proposes Amendments to ADA Regulations Relating To Employer Wellness Programs

The EEOC has proposed amendments to its regulations under the Americans with Disabilities Act (“ADA”) as they relate to employer wellness programs.  These proposed amendments were published on Monday, April 20, triggering a 60-day public notice and comment period.  The proposed amendments aim to define which employer wellness programs are valid under the ADA, which … Continue Reading

EEOC Begins Process to Regulate Employer-Sponsored Wellness Programs

Many employers offer wellness programs to employees—such as providing rewards to employees for participating in health and wellness programs (e.g., weight loss, smoking cessation) and achieving particular results, or penalizing employees for declining to participate in such programs in the form of higher insurance premiums—as a way to encourage healthier, more productive workforces while reining … Continue Reading

U.S. Supreme Court Holds That Closely Held For-Profit Corporations Can Avoid ACA Contraception Mandate

The Supreme Court has issued a 5-4 decision in which it found that closely-held for-profit corporations can avoid the mandate under the Affordable Care Act (ACA) that requires the provision of birth control coverage to their employees.  In reaching their decision in Burwell v. Hobby Lobby and Conestoga Wood Specialties v. Burwell, the justices determined … Continue Reading

A Pill not even the Affordable Care Act can force Employers to Swallow

More enforcement concerns loom for the Affordable Care Act as another federal decision keeps employers under a religious group plan from swallowing the pill of providing complete contraceptive coverage to its female employees. In Reaching Souls International Inc. et al. v. Sebelius et al., Case No. CIV-13-1092-D, the plaintiffs provided employees with a group health … Continue Reading

Supreme Court Allows Class Arbitration, Despite No Explicit Agreement, Deferring To Arbitrator’s Bargained-For Interpretation Of Contract

The U.S. Supreme Court departed from the pro-arbitration stance it has taken in the past several terms in Oxford Health Plans LLC v. Sutter, No. 12-135, 569 U.S. ___ (June 10, 2013). Dr. John Sutter, a pediatrician, brought a putative class action lawsuit against Oxford Health Plans, a health insurance company, for Oxford’s purported failure … Continue Reading

Employer Wellness Programs: New Rule Increases Maximum Permissible Reward and Also Imposes Anti-discrimination Safeguards

Last Wednesday, the United States issued a final rule that will impact employer wellness programs starting January 1, 2014.  This rule [pdf] issued by the U.S. Department of Health and Human Services, Labor, and the Treasury (collectively, the “Departments”), provides additional flexibility to employers with respect to the financial rewards that can be offered for … Continue Reading

Health care reform: IRS Issues Guidance for Employers Determining Full-time Employees

As reported in Health care reform: The implications of Supreme Court’s decision for employers,  “the heart of the law requires that ‘large employers’ offer a medical plan that provides ‘minimum essential health benefits’ to their full-time employees or pay a tax effective Jan. 1, 2014.”  So which employees are full-time employees?  The Patient Protection and … Continue Reading
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