Reform Proposal Explains Monitoring of Exchanges and Refines Employer Plan Provisions
How health insurance exchange money is spent, which private insurance products may be offered on exchanges, who advises exchange consumers on plan choices and how well exchanges handle personal data will be under federal scrutiny, as explained in proposed program…
Employer Settles With EEOC After Providing the Wrong Accommodation
An employer will pay $88,500 to settle claims that it failed to provide the right accommodation to a worker with a disability, in violation of the Americans with Disabilities Act. The settlement resolves a lawsuit filed by the U.S. Equal…
EEOC Sues Over Companies’ Use of Background Checks
Two large companies that rely on on background checks to screen new hires are being sued by the U.S. Equal Employment Opportunity Commission. It is not illegal for employers to refuse a job to an employee with a criminal background….
Skinny Plans: Adhering to the Letter (But Not the Sprit) of Health Reform
An increasing number of employers are examining providing a low-benefits health plan that covers only preventive health services but not high-price major medical claims. Offering this type of low cost or “skinny” plan is allowed under the health reform law….
Employers Can Write PCORI Fees Off Their Federal Taxes
Health reform fees that health insurers and self-funded plans must pay in order to fund the Patient-Centered Outcomes Research Institute are “ordinary and necessary business expenses,” and therefore qualify as deductible from federal taxes, a recent IRS memo states. Insurers…
‘Top-Hat’ Executive Benefits Not Protected from Garnishment by ERISA
Creditors of retirement plan participants sometimes try to tap into a participant’s supplementary benefits under various legal arrangements, including garnishment and domestic relations orders. If a plan administrator or adviser is faced with the prospect of a participant’s deferred compensation…
ERISA Advisory Council Told Most ‘Derisking’ Payouts are Relatively Small
Concerns about the effect of lump-sum retiree distributions on the funded status of defined benefit pension plans with ongoing obligations to future beneficiaries were prominent as members of the ERISA Advisory Council tackled issues of “derisking” at a June 5…
IRS Form Amended to Collect Health Outcomes Research Tax
Starting July 31, 2013, the IRS will start collecting, and employers will start paying, a new excise tax authorized by the health reform law. This annual fee will be imposed on most insured and self-insured group health plans for the…
Nondisabled Employees May Challenge Medical Exams
Employees need not have a disability to challenge the legality of an employer’s required medical exams, the 11th U.S. Circuit Court of Appeals has ruled in a case of first impression. At the same time, the court also reaffirmed the…
Planning to Hire Teens for Summer Jobs? Brush Up on These FLSA Basics
The summer job season for teenagers kicks off in the next few weeks. Therefore, employers planning to hire young workers to augment their workforce must make sure they are compliant with the child labor provisions in the Fair Labor Standards…