Employers Beware! Retirement Plan Disclosures Are Required Under 408(b)(2)

Since 2012, retirement plan service providers have been required to provide compensation disclosures to plan sponsors every year under Section 408(b)(2) of the Employee Retirement Income Security Act (ERISA). Once plan sponsors have received the disclosures, they are in turn required to issue 404a-5 fee disclosures to plan participants. Under ERISA's prohibited transaction rules, a service agreement must be Read More

HBL’s Weekly Employment Law Update 3 Tips for Addressing Employees’ Political Speech

As we near our national election day, employers across the country have been struggling with managing disruptive political speech to the workplace. As your risk management partner, we offer the following three legal risk management tips for addressing employees’ political speech. Tip #1 – Focus on the “what” not the “why." When political arguments become disruptive or otherwise violate company policy, Read More

3 Tips for COVID-19 Risk Management

As the effects of the coronavirus pandemic are experienced across the country, wrongful death and gross negligence claims are on the rise, particularly by the families of employees who believe their loved ones may have come into contact with COVID-19 on the job. Under normal circumstances, workplace injuries and illnesses are handled through the workers’ compensation system. Wrongful death and gross negligence Read More

DOL Issues Revised FFCRA Regulations: Three Takeaways for Employers

On September 11, 2020, the Department of Labor (DOL) issued revised regulations, scheduled to go into effect on September 16, 2020, regarding the Emergency Paid Sick Leave and Expanded Family and Medical Leave requirements under the Families First Coronavirus Response Act (FFCRA). In response to an August 3, 2020 decision of the U.S. District Court of the Southern District of New York (District Court) declaring Read More

Three Tips for a Legally Defensible Interactive Process During the Pandemic and Beyond

For many employers, the COVID-19 pandemic illuminated ongoing legal compliance challenges. As one example, with a sudden and sharp increase in requests for accommodations under the American with Disabilities Act (ADA), employers across the country learned that they may benefit from a more streamlined and efficient ADA process. Just this week, on September 8, 2020, the Equal Employment Opportunity Commission (EEOC) Read More

Recent Successful Benefit Claim Against Employer Highlights Importance of Prudent Service Provider Selection and Document Review

A recent decision by the U.S. Court of Appeals for the Second Circuit is a reminder to employers that fiduciary responsibility under ERISA is nontransferable, even when a third-party administrator (TPA) commits an error that leads to litigation. Background Kathleen Sullivan was employed by the New York Telephone Company, a predecessor to Verizon, from 1970 to 1978 with an annual income of $18,600. She received Read More

3 Tips to Avoid Holiday Liability Traps

With the holidays right around the corner, employers and HR professionals are shifting their focus to meet the demands of employee, client, and customer expectations. As should be expected, perhaps, the holiday rush presents unique liability traps for the unwary employer. As your employment risk management partner, HBL offers you the following three strategies for managing risk during the holiday Read More

Employers Consider Variety of Health Benefit Offerings in Shadow of COVID-19

The COVID-19 pandemic has brought dramatic changes to the employment landscape over the past six months, challenging employers to keep pace with ongoing regulatory changes that have mandated additional flexibility for health benefit plans to address employee needs during this crisis. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which went into effect on March 27, 2020, altered some of the Read More

Employee Handbook Series Part 3 of 3: Three Tips to Avoid Hidden Areas of Risk for Multi-State Employers

Legally defensible, consistently followed employment policies can be a crucial risk management tool. On the other hand, however, non-compliant or impractical policies can do more harm than good. For multi-state employers, full legal compliance can be a challenge considering the multiple sources of employment law. Of equal importance, multi-state employers often face the practical challenge of maintaining a consistent Read More

Avoiding Costly ACA Reporting Errors: Key Employer Considerations

Under IRS Code Section 4980H, employers are required to offer health insurance coverage to employees if their business is an Applicable Large Employer (ALE), which is generally any business with 50 full-time or full-time equivalent employees as defined under the Affordable Care Act (ACA). Pursuant to Code Section 6056, these employers must report the offering of health insurance coverage.  Form 1095-B is used for Read More