President Biden signed an Executive Order on April 26, 2021, that establishes the White House Task Force on Worker Organizing and Empowerment “dedicated to mobilizing the federal government’s policies, programs, and practices to empower workers to organize and successfully bargain with their employers.” Chaired by Vice President Harris, the new Task Force has been ordered by President Biden to make a set of Read More
DOL Revives Double Damages
On April 9, 2021, the DOL’s Wage and Hour Division (WHD) issued Field Assistance Bulletin 2021-2, revoking a Trump administration policy that reduced the pre-litigation amount employers would have to pay to settle violations of the Fair Labor Standards Act (FLSA) by downplaying the use of liquidated damages in settlement discussions. Under the FLSA, employers that violate FLSA provisions regarding minimum wages, Read More
House OK’s Pay Equity Bill; Outlook Dim in the Senate
Recently, the U.S. House of Representatives passed the Paycheck Fairness Act (H.R. 7), which now heads to the Senate where the outlook is dim. The pay equity bill was first introduced in 2009 and again in 2011; it passed the House both times but the Senate failed twice to bring it to a vote. In 1963, Congress amended the Fair Labor Standard Act to make it unlawful for employers to pay men and women doing the same or Read More
Administrative Guidance Issued Regarding ARPA COBRA Subsidy
The American Rescue Plan Act of 2021 (ARPA) includes a provision that authorizes a 100% subsidy of COBRA health insurance premiums to help continue health benefits for employees who lost their jobs or suffered a reduction in work hours. On April 7, 2021, the DOL issued guidance on the ARPA COBRA premium assistance. Eligibility The ARPA’s COBRA subsidy is available to Assistance Eligible Individuals (AEIs) who lost Read More
Will Employers Finally Get Some Emergency COVID Standards from OSHA?
On April 26, 2021, the Occupational Safety and Health Administration (OSHA) sent a draft of long-awaited COVID-related federal workplace safety standards to the White House’s Office of Management and Budget for review. Shortly after assuming office, President Biden gave the DOL a March 15, 2021, deadline to determine whether mandatory workplace safety rules were necessary to protect American workers from the spread Read More
IRS Guidance on 10-Year Payout Rule for Inherited IRAs Causes Confusion (and Correction)
A recent IRS publication about distributions from inherited IRAs - Publication 590-B - inadvertently caused consternation among financial advisors due to incorrect examples that suggested designated beneficiaries must take required minimum distributions (RMDs) in each of the 10 years following the death of the grantor. In December 2019, the Setting Every Community Up for Retirement Enhancement Act (SECURE Act) Read More
IRS Focuses on Worker Classifications and RMDs in 2021 Tax-Exempt Retirement Plan Priority List
The IRS’ Tax Exempt & Government Entities Division (TE/GE) recently released an updated 2021 Program Letter regarding compliance initiatives for its fiscal year. The 2021 letter updates the compliance initiatives outlined in the 2020 Program Letter, both of which are available on the IRS website. Among the updates are several priorities that apply to retirement plans: Small exempt organizations that sponsor Read More
IRS Adds “Gloss” to Partial Plan Termination Temporary Relief in New FAQs
On April 27, 2021, the IRS updated its Coronavirus-Related Relief for Retirement Plans and IRAs FAQs to add guidance for partial termination of a qualified retirement plan under Section 209 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. Section 209 provides that a plan is not treated as having a partial termination during any plan year which includes the period beginning on March 13, 2020, and ending Read More
DOL and HHS Clarify Purpose of New MHPAEA Reporting Rules
As of February 10, 2021, group health plans are required to evaluate compliance with the existing rules governing nonquantitative treatment limitations (NQTLs) under the Consolidated Appropriations Act (CAA) and the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). The MHPAEA requires group health plans that apply NQTLs to mental health or substance use disorder (MH/SUD) benefits to ensure that the Read More
Health Plan Sponsors Take Note! A Review of COBRA Notice Requirements Beyond the New Special Extended Election Notice
As required by the American Rescue Plan Act of 2021 (ARPA), the Department of Labor (DOL) issued special extended COBRA election period notices on April 7, 2021. Current and former employees who qualify for the ARPA COBRA subsidy must be notified by May 31, 2021, and have 60 days to make an election. In the rush to make the May 31 deadline, plan administrators may not have given full attention to other ARPA Read More
