In response to the widespread shift to remote workforces due to the COVID-19 pandemic, the Department of Labor (DOL) has issued guidance to clarify how employers can comply with federal laws requiring the display of certain notices in the workplace that inform employees about their rights under federal employment law. Field Assistance Bulletin No. 2020-7 was issued on December 29, 2020, to give guidance on Read More
DOL Provides Guidance Regarding Telemedicine for Purposes of Establishing FMLA Entitlement
On December 29, 2020, the Department of Labor (DOL) issued guidance stating that a telemedicine visit with a health care provider to verify an employee’s serious health condition can be used to support FMLA leave. Under the FMLA, one avenue for an employee to prove a serious health condition is to visit a health care provider in person. Under the FMLA a “serious health condition” is an “illness, injury, Read More
EEOC Provides Guidance on COVID-19 Vaccine
The Equal Employment Opportunity Commission (EEOC) has updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” web page with a new Q&A section about COVID-19 vaccinations for employees. The new section addresses how employers that require vaccinations for workers should respond to any employee unwilling to receive a vaccination because of a disability or sincerely Read More
Appropriations Act Extends FFCRA Tax Credits But Does Not Extend FFCRA Paid Leave Requirements
The Consolidated Appropriations Act, 2021, signed into law on December 27, 2020, did not extend the December 31, 2020, expiration date for the paid leave requirements of the Families First Coronavirus Response Act (FFCRA). Therefore, FFCRA-covered employers are no longer required to provide emergency paid sick or family leave under federal law. However, the Act did extend the FFCRA tax credits for covered Read More
New COVID-19 Bill Puts Kibosh on Surprise Medical Billing Beginning in 2022
On December 27, 2020, the Consolidated Appropriations Act, 2021, was signed into law. The Act included a measure entitled the “No Surprises Act” to restrict medical providers from sending consumers surprise medical bills. Once the Act goes into effect in 2022, consumers will not receive balance bills for the following: Emergency care; Transport by air ambulance; or Non-emergency care at an in-network Read More
IRS Adds to Missing Plan Participant Guidance
The IRS has released guidance regarding qualified plan distributions to state unclaimed property funds. Revenue Ruling 2020-24 covers the withholding and reporting requirements when a plan distribution is made to a state unclaimed property fund. Revenue Procedure 2020-46 modifies and updates prior guidance to make it easier for individuals who obtain benefits from a state unclaimed property fund to roll over their Read More
Are Pooled Employer Plans (PEPs) Poised to Change the Retirement Plan Landscape?
The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) established a new structure whereby a group of unrelated employers could participate in a single defined contribution plan as of January 1, 2021. Pooled Employer Plans (PEPs) must be administered by a Pooled Plan Provider (PPP), which acts as the plan sponsor, handling all fiduciary, administrative, and investment responsibilities. PPPs Read More
Departments Issue New Rule Requiring Group Health Plans to Disclose Health Care Cost Information
The Departments of Health and Human Services, Labor, and Treasury (“the Departments”) have issued the final rule on health care coverage transparency, imposing important new requirements on non-grandfathered health plans and self-insured plans to disclose health care cost and cost-sharing information. Group Health Plan Transparency Requirements For plan years beginning on or after January 1, 2022, plans must Read More
How 2021 Appropriations Law Changes Employer Benefits
Portfolio Media. Inc. | 111 West 19th Street, 5th floor | New York, NY 10011 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | customerservice@law360.com By Eric Schillinger and Anne Hall (January 27, 2021, 5:22 PM EST) The Consolidated Appropriations Act, a year-end budget bill that included COVID-19 stimulus relief, was signed into law by then-President Donald Trump Read More
IRS Announces “Compliance Strategy” for Excess Executive Compensation Paid by Tax Exempt Entities
The Tax Cuts and Jobs Act (TCJA) enacted in December 2017 created a 21% excise tax on executive compensation in excess of $1 million paid by tax-exempt organizations to certain employees (IRC Section 4960). Covered employees include the five highest-compensated employees of an organization or an individual who qualified as a covered employee in a preceding taxable year. On November 5, 2020, the IRS’s Tax Exempt Read More
