Tag: DOL

DOL Issues COBRA Model Notices

Update Dec. 16: House Passes COBRA Subsidy Extension and Expansion Today, the U.S. Department of Labor (DOL) issued model COBRA continuation coverage notices that reflect the new nine-month, 65 percent subsidy on COBRA premiums. The notices are available online at www.dol.gov/ebsa/COBRAmodelnotice.html. There are four types of notices, each tailored to a particular employee, beneficiary, or […]

Obama Administration’s Changes at DOL, EEOC, and NLRB

The changes promised by the Obama administration are beginning to take hold at the federal agencies regulating the workplace. Typically, the change in leadership can be a strong predictor of the changes in policies and directions that will be pursued by a new administration. Not surprisingly, the changes that already have occurred suggest that we […]

Make Sure Your Payroll Practices Are Compliant

The U.S. Department of Labor (DOL) estimates that almost 70 percent of employers aren’t in compliance with the Fair Labor Standards Act (FLSA). Lawyers who represent employees are well aware that most employers aren’t compliant, as evidenced by a significant increase in FLSA claims. In fact, wage and hour claims, including collective actions, have increased […]

New Law Addresses Mental Health Coverage Parity

Among the add-ons to the $700 billion financial rescue package that Congress recently passed was a measure that will affect many employers whose health plans offer mental health benefits. The Paul Wellstone-Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 builds on and closes employer-friendly loopholes in the limited mental health parity measure […]

New DOL Rules Require More Disclosure to Workers with 401(k) Retirement Plans

Forty years ago, very few U.S. employees were personally affected by what happened on Wall Street. Six in 10 Americans were covered by a pension that they could count on regardless of the stock market. Today less than 2 in 10 workers in the private sector have a pension and most workers only option is […]

Benefits: What Do I Need to Know About the Proposed New Disclosure and Reporting Requirements for ERISA Plan Service Providers?

I know some big ERISA regulations are expected to be issued later this year. Where can I go for more information? — Anonymous in Bakersfield   The U.S. Department of Labor (DOL) plans to release its final regulations on proposed amendments to Section 408(b)(2) of ERISA, the Employee Retirement Income Security Act, later this summer. […]

Overtime and Wage Lawsuits: Potential Liability for Most Employers

Many employers are shocked when they see how quickly a single complaint by an employee for unpaid overtime can turn into a collective-action lawsuit under the federal Fair Labor Standards Act (FLSA) and state labor laws. Unlike discrimination claims filed under Title VII of the Civil Rights Act of 1964, there is no requirement that […]

Correctly Classifying a Worker as an Independent Contractor

by Tracey A. Cullen It’s no news flash that companies must proceed with caution when classifying someone who provides them with services as an independent contractor. Independent contractors are paid flat fees without tax deductions or employment taxes. Employees are paid salaries subject to withholding, FICA, FUTA, and other employment taxes and are protected under […]

Strict Safety Requirements for Teen Workers

Memorial Day, the unofficial start of summer, is just a few weeks away and many employers have started thinking about adding students to their workforce. Here are some issues to consider as those eager, money-hungry youngsters join your workplace. Safety first The Occupational Safety and Health Administration (OSHA) and the U.S. Department of Labor (DOL) […]