A joint notice issued by the DOL and IRS on May 4, 2020 required group health plans to extend certain timeframes for participants during the COVID-19 “outbreak period” (defined as the period from March 1, 2020 until 60 days after the announced end of the national emergency for COVID-19). The Notice requires a tolling of the following COBRA deadlines: The 14-day deadline for plan administrators to furnish Read More
Agencies Issue Interim Final Rule on COVID-19 Preventive Services Coverage
The Departments of Treasury, Labor, and Health and Human Services have issued an interim final rule (IFR) regarding group health plan coverage of COVID-19 testing and vaccines. Under the Affordable Care Act (ACA), group health plan providers must provide certain preventive services with no cost sharing. Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), preventive services related to Read More
Defined Contribution Lifetime Income Disclosures: Employer Considerations
The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) added new lifetime income disclosure requirements to benefit statement rules under ERISA. On September 18, 2020, the Department of Labor (DOL) published an Interim Final Rule (IFR) to the Federal Register to implement the lifetime income disclosure requirements pursuant to the SECURE Act. Once the lifetime income disclosure requirement Read More
DOL’s New Rule Restricts Non-Financial (ESG) Factor Investment Consideration
The Department of Labor recently issued its final rule to clarify investment duties for plan fiduciaries under the Employee Retirement Income Security Act of 1974 (ERISA) when it comes to environmental, social, and governance (ESG) investing. The final rule codifies the DOL’s long-held position that a fiduciary satisfies its duties of prudence and loyalty under ERISA when it has “selected investments and/or Read More
DOL Proffers Final Regulations for Pooled Plan Providers
The Department of Labor has issued final regulations on registration requirements for pooled plan providers administering pooled employer plans. The final regulations retain much of the same structure as the proposed rule issued last August, with some added clarification on registration requirements. Background The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) established a new Read More
3 Tips for Proactive Wage and Hour Risk Management
Based on the anticipated priorities of the Biden administration, employers and HR professionals may expect an increase in Department of Labor (DOL) audits and investigations. Although DOL audits may take many forms, the DOL’s Wage and Hour Division is expected to be more persistent in its enforcement of payroll compliance, including the appropriate payment of overtime. As your risk management partner, HBL offers the Read More
SCOTUS Expands Federal Fair Employment Protections
Recently, the U.S. Supreme Court ruled that Title VII of the 1964 Civil Rights Act barring sex discrimination in the workplace also protects LGBTQ employees from being fired or disciplined based on their sexual orientation. In a 6-3 ruling in Bostock v. Clayton County, the Court found that, "In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee's sex when deciding Read More
EEOC Guidance on COVID-19-Related Inquiries and Medical Exams
The Americans with Disabilities Act (ADA) restricts when and how much medical information an employer may seek to obtain from an employee or job applicant. In general, inquiries about disabilities or medical exams are prohibited before an employer makes a conditional job offer to an applicant. However, those inquiries are permitted between the time the offer is made and when the applicant starts work, as long as they Read More
Final Rule on Joint Employer Test
Earlier this year, the Department of Labor (DOL) updated its regulations under the Fair Labor Standards Act (FLSA) pertaining to the determination of joint employer status under the FLSA. A joint employer is any additional “person” (i.e., individual or entity) that is jointly and severally liable with the employer for the employee’s wages. The DOL establishes a four-factor balancing test for determining joint Read More
DOL Proposes New Rule on Classification of Independent Contractors Under FLSA
On September 22, 2020, the U.S. Department of Labor (DOL) released a proposed rule that establishes new standards for employers in determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The proposed rule provides employers with long-awaited clarity on the classification of workers under the FLSA. The absence of federal guidelines on classification standards Read More
