Click here to read our April newsletter! Read More
House Passes Equality Act
On February 25, 2021, the U.S. House of Representatives passed the Equality Act, legislation that would prohibit discrimination on the basis of sexual orientation and gender identity. Specifically, the bill states that “existing federal statutes prohibiting sex discrimination in employment (including in access to benefits), healthcare, housing, education, credit, and jury service also prohibit sexual orientation and Read More
DOL Signals Change to Joint Employer Rule
On February 23, 2021, the DOL sent a new proposed regulation on joint employment status under the Fair Labor Standards Act (FLSA) to the White House Office of Information and Regulatory Affairs (OIRA) for regulatory review. Background In March 2020, the DOL issued a final rule regarding the determination of joint employer status under the FLSA. The rule defined a joint employer as any additional “person” (i.e., Read More
Making it Rain: Anne Tyler Hall
Anna Rappaport (AR): You founded a boutique firm specializing in ERISA (Employee Retirement Income Security Act of 1974). Given that this is typically an area of law that is part of a larger firm’s benefits and employment law practice, how did you decide to venture out on your own and start your own firm? Anne Tyler Hall (ATH): I grew up in large law firms, and the ERISA practice groups serviced the corporate Read More
How Benefits Can Ease Workers’ Return To The Office
By Emily Brill Law360 (March 31, 2021, 7:04 PM EDT) -- As plans for bringing America's white-collar workforce back to the office begin taking shape, employers can ease the transition for their workers by making use of wellness programs, employee assistance programs and disease management programs. Here, Law360 explores how employers can best utilize their benefit programs as workers return to the Read More
American Rescue Plan Act of 2021: Highlights for Employers to Watch For
The American Rescue Plan Act of 2021 (ARPA) became law on March 11, 2021, and there are several provisions that are likely to have a significant impact on employers, including the following: Unemployment benefits. The ARPA increases the duration of unemployment benefits under temporary pandemic relief programs from March 14, 2021, to September 6, 2021. Unemployment claimants will receive an additional $300 per week Read More
Pandemic & Unemployment Benefits: Updated Guidance Issued by DOL
On February 25, 2021, the DOL issued guidance to state unemployment agencies that expands the eligibility of employees who declined to work due to pandemic safety concerns to receive Pandemic Unemployment Assistance (PUA). The new guidance expanded PUA eligibility to three categories of employees: Workers receiving unemployment benefits who had their continued regular unemployment benefits’ claims denied Read More
Employer Retirement Plan Platform Overload: MEPs, PEPs, and Single Employer Plans
The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) established a new retirement plan platform - Pooled Employer Plans (PEPs) - whereby a group of unrelated employers could participate in a single defined contribution plan as of January 1, 2021. This adds a new retirement plan option for employers to consider among other existing plan options that include the following: Single Employer Read More
American Rescue Plan Act Offers 100% COBRA Subsidy Through September 2021
The American Rescue Plan Act of 2021 (ARPA) includes a provision to help unemployed workers by authorizing a 100% subsidy of COBRA health insurance premiums through September 30, 2021. The ARPA was signed into law by President Biden on March 11, 2021. Under the ARPA, employers would receive the subsidy through a payroll tax credit against their quarterly taxes. Employees who lost their jobs due to the pandemic and Read More
A Recent Fifth Circuit Court Decision May Elevate HIPAA Enforcement Hurdles
On January 16, 2021, a Fifth Circuit Court decision in University of Texas M.D. Anderson Cancer Center v. U.S. Department of Health and Human Services vacated a $4.3 million penalty imposed by the Department of Health and Human Services (HHS) against M.D. Anderson for alleged HIPAA violations, finding that the penalty was “arbitrary, capricious, and otherwise unlawful.” Background M.D. Anderson disclosed to HHS Read More
