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EEOC Challenges Employer Sponsored Wellness Programs Over “Enormous Penalties”

October 20, 2014

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) announced litigation against a second employer — Flambeau, Inc., a plastics manufacturer based in Baraboo, Wisconsin — over employer-sponsored wellness program participation incentives granted to employees. The specific issue with Flambeau involves an employee unable to qualify ...
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DOL Announces Final Rule on Federal Contractor Minimum Wage

October 07, 2014

By Angelique Groza Lyons, Partner Tampa Office, Constangy, Brooks & Smith, LLP October 3, 2014 On Wednesday, the U.S. Department of Labor released its Final Rule on Executive Order 13658, which established a new minimum wage of $10.10 an hour for employees working on certain federal contracts. The Final Rule is set to be published in ...
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Why 401(k) Plan Fee Disclosures Matter

October 02, 2014

Mark Twain said, “Supposing is good, but finding out is better.” When it comes to fees employers pay on qualified retirement plans, the U.S. Department of Labor (DOL) wants employers to maintain documentation regarding certain transactions related to retirement plans administration. In fact, the DOL’s Employee Benefits Security ...
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IRS Issues Draft Forms and Instructions for ACA Reporting Requirements

October 01, 2014

The Internal Revenue Service (IRS) has released draft forms and instructions to be used for Internal Revenue Code § 6055 and § 6056 reporting, including IRS forms 1094-B, 1094-C, 1095-B, and 1095-C. The first reports will be due in early 2016 regarding employee information and health care coverage provided in 2015. Reporting ...
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Large Health Plans Must Obtain an HPID by November 5

October 01, 2014

The Centers for Medicare and Medicaid Services (CMS) has posted updated FAQs regarding health plans and the requirement to obtain a Health Plan Identifier (HPID). Insured and self-funded health plans that are “large health plans” ($5 million or more in annual receipts) are required to obtain an HPID by November 5, 2014. Small health plans have ...
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IRS Expands Midyear Election Change Rules for Section 125 Plans

October 01, 2014

On September 18, 2014, the Internal Revenue Service (IRS) issued Notice 2014-55, Additional Permitted Election Changes for Health Coverage under § 125 Cafeteria Plan, which allows employers to make specific changes to their plans. These changes will make it easier for employees to change their group plan elections and take advantage of individual ...

From the Hotline: Types of Leave and Requirements

October 23, 2014

Question: We have an employee who does not qualify for federal Family and Medical Leave Act (FMLA) leave. We would like to know what other types of leave are available to the employee. What are the eligibility requirements for the various leaves? Answer: This answer would largely depend on the company size and/or location, as many states have ...

From the Hotline: Exhaustion of Leave and Termination Questions

October 22, 2014

Question: Our employee recently returned from maternity leave having used up all her CFRA, PFL, and FMLA. She worked for three days and is out on disability again due to post-partum depression. When she comes back to work is she now eligible for leave again? Are we required to hold her job for her? What are our options? We are currently going ...

From the Hotline: Bonus and Employee Leave

October 20, 2014

Question: Our company provides a bonus to all employees based on overall company performance. Do we have to pay an employee who is out on a leave of absence (LOA), and would payment of bonus impact his or her disability payments? Answer: The Family and Medical Leave Act (FMLA) requires that employees be restored to the same or an equivalent ...

Ask the Experts: Leave Tracking for Job-Related Medical Leaves

October 15, 2014

Question: I have always understood workers' compensation injuries that are accepted by the carrier are not to be charged against their potential FMLA leave because the injury is not the employee's fault, but my colleagues think that is not true. What is the right answer? Answer: Leaves caused by workers' compensation injuries or illnesses may ...

Ohio Employment Law Alert – October 2014

October 15, 2014

Minimum Wage Increase On September 29, 2014, the Ohio Department of Commerce announced that the state minimum wage will increase to $8.10 on January 1, 2015, for non-tipped employees and to $4.05 per hour for tipped employees. The increased minimum wage will apply to employees of businesses that have annual gross receipts of more than $297,000 ...

New York Employment Law Alert – October 2014

October 15, 2014

Authorized Leave for Volunteer Emergency Responders On September 23, 2014, New York Governor Andrew Cuomo signed legislation (S.B. 7111) providing authorized leave to volunteer fire department members and volunteer ambulance squad members during a declared state of emergency. The leave of absence may be an unpaid excused leave or may be ...

Montana Employment Law Update – October 2014

October 15, 2014

Minimum Wage Increase On October 1, 2014, the Montana Department of Labor and Industry announced that the state minimum wage will increase to $8.05 per hour on January 1, 2015. Montana Code Annotated § 39-3-409 requires the Montana Department of Labor and Industry to adjust the Montana minimum wage for inflation using the Consumer Price Index ...

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