Tag: Employee Benefits

House Vote Could Soon Determine Fate of Transit Parity

Employers that offer qualified transportation benefits should be aware that they may soon need to adjust their plans. Lawmakers on Capitol Hill are setting the stage for the possible passage of a two-year federal highway funding law that could include a transit parity provision — which would return the mass transit exclusion to parity with […]

Maine Voters Latest to Consider Marriage Referenda

Voters in Washington state and Maryland will weigh in on whether same-sex marriage should be legal in their states. Employers in these states — as well as those in adjacent states where same-sex marriage is not legal — would be wise to monitor developments and use the upcoming months to prepare for any possible changes […]

Employers Are Likely to Cover Mandates Even if High Court Strikes Health Reform

As you must know by now, regardless of how the U.S. Supreme Court rules on the federal health care reform, a couple of very large insurers announced they would continue several of health reform’s insurance mandates. The impact of this announcement directly applies to companies that buy full insurance. But self-insured plans and employers big enough […]

Top 5 HR and Benefits Administration Challenges Facing Companies

Summer’s here, and coincidentally, it’s a hot time for legal and regulatory developments affecting human resources and benefits professionals! Many companies trying to make ends meet also should expect new laws and regulations in these five areas. The perils of not heeding leave and disability law. Employers struggle with determining what a “reasonable accommodation” is under […]

Full 9th Circuit Refuses to Review California’s Same-sex Marriage Ban

Employers can expect continued uncertainty regarding whether they will need to adjust their plans, documents and policies to accommodate same-sex spouses. The 9th U.S. Circuit Court of Appeals on June 5 refused a petition that the full bench of the court rehear Perry v. Brown, Nos. 10-16696, 11-16577. That lets stand the ruling by a […]

Knowing Multiple Exemption Rules Can Enhance FLSA Litigation Strategies

Employees can qualify for multiple exemptions under the Fair Labor Standards Act, so employers should remember that if they document an employee’s specific exemption, they should note any and all applicable exemptions, so that they are able to argue multiple exemptions in any FLSA litigation. This principle is illustrated in Schaefer La-Rose v. Eli Lilly […]

In Spite of Review Flaws, Court Sees ‘Sufficient’ Appeal Process and Reasonable Benefit Cut-off

Because an employer health plan gave a full and fair review resulting in a reasonable benefits decision, a federal court upheld the plan’s lifetime limit on obesity services and its prohibition on payments to treat complications from earlier gastric bypass surgeries. The plan also weathered an allegation that it was not properly segregating plan funds. […]

Federal DOMA Unconstitutional, First Circuit Says, But Doesn’t Disturb State Laws

Employers and plan administrators hoping clarity will soon dispel the confusing tangle of divergent laws governing same-sex marriage and how they must address it in their benefit plans and HR policies have longer to wait. The 1st U.S. Circuit Court of Appeals on May 31 issued a ruling in Commonwealth of Massachusetts v. U.S. Department […]

Rhode Island Recognizes Other States’ Same-sex Marriages

Same-sex marriage is not legal in Rhode Island, but employers there must make provision for employees’ same-sex spouses nonetheless. Gov. Lincoln Chafee (I) on May 14 signed an executive order announcing that Rhode Island will recognize the validity of same-sex marriages entered into in states where it is legal. The executive order went into effect […]

EBSA Loosens Health Reform Rules for SBC Delivery, Stays Enforcement

A set of safe harbors related to the enforcement of summaries of benefits and coverage (SBCs), which insurers and plan sponsors must distribute as part of health care reform, was issued May 11 by the U.S. Department of Labor and the Employee Benefits Security Administration. The DOL/EBSA guidance creates regulatory exceptions for situations where insurers […]