Consolidated Appropriations Act Adds Mental Health Parity Compliance Requirement for Group Health Plans

Section 203 of the Consolidated Appropriations Act (CAA), which became law on December 27, 2020, requires group health plans to evaluate compliance with the existing rules governing nonquantitative treatment limitations (NQTLs) under 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 Read More

Policies & Procedures: The Key to Avoiding Retirement Plan Excessive Fee Litigation

The recent increase in litigation over retirement plans and, specifically, the fees those plans are being charged for administration and management, has many companies concerned about what they need to do to protect the plans they manage. Two recent federal district court rulings illustrate the necessity for plan sponsors to have a prudent decision-making process in place to successfully defend against excessive fee Read More

Biden Issues Executive Order to Progress Toward $15 Per Hour Minimum Wage for Federal Workers

On January 22, 2021, President Biden issued an Executive Order on Protecting the Federal Workforce that instructed the Director of the Office of Personnel Management (OPM) to provide him with a report “with recommendations to promote a $15/hour minimum wage for Federal employees.” In addition to raising the federal minimum wage, the Executive Order overturned three of the previous administration’s executive orders Read More

February 2021 Newsletter | Employment Law Action Item: Consider A Pay Equity Audit

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Employee W-2’s May Need to be Corrected for FFCRA Leaves

Under the Families First Coronavirus Response Act (FFCRA), employers with fewer than 500 employees are required to provide paid sick and family leave for certain COVID-19-related reasons. Employers are required to report leave payments as wages on each qualifying employee’s Form W-2. While IRS Notice 2020-54 provided guidance on the W-2 reporting requirement in July 2020, this guidance was not incorporated into Read More

DOL Ends Self-Reporting Program for Wage And Hour Violations

The U.S. Department of Labor (DOL) has terminated its Payroll Audit Independent Determination (PAID) program that allowed employers to self-report federal minimum wage and overtime violations under the Fair Labor Standards Act (FLSA).  The DOL made the announcement via press release on January 29, 2021. The PAID program was launched in March 2018 and quickly drew criticism. Attorneys general from 11 states sent a Read More

Independent Contractor Rule Frozen, Employers Will Likely See Push Toward California’s ABC Test

On January 20, 2021, the White House issued a memorandum entitled, “Regulatory Freeze Pending Review” instructing the heads of executive departments and agencies to stop all non-emergency regulatory activity until a review by the new administration could be conducted. Specifically, the memo instructed the agencies to immediately: Halt proposing or implementing any rules until the new administration’s Read More

President Biden Issues Executive Order on Gender Identity and Sexual Orientation Discrimination

On the day of his inauguration -- January 20, 2021 -- President Biden signed an Executive Order on Preventing and Combating Discrimination on the Basis of Gender identity or Sexual Orientation. This new order establishes that “All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.” The order instructs heads of federal government agencies to review all Read More

OSHA Issues Guidelines on Mitigating the Spread Of COVID-19 in the Workplace

On January 29, 2021, the Occupational Safety and Health Administration (OSHA) issued guidance on mitigating the spread of COVID-19 in the workplace. The guidance outlines OSHA’s recommendations for best practices and while it does not impose any additional legal requirements on employers, the guidance also reminds employers of their obligations under existing federal laws to provide a hazard-free workplace. To Read More

EEOC Issues Revised Religious Discrimination Manual

On January 15, 2021, the Equal Employment Opportunity Commission (EEOC) issued updated guidance to its Compliance Manual on Religious Discrimination, the first significant update since 2008.  In the updated manual, the EEOC provides important clarifications concerning Title VII religious discrimination laws in the workplace. These clarifications include the definition of “religion,” the types of organizations that Read More