Category: Employee Benefits Law

New Massachusetts Health Care Reform Law Makes Important Changes to the “Fair Share Contribution” Rules Affecting Employer-Sponsored Group Health Plans

New Massachusetts Health Care Reform Law Makes Important Changes to the “Fair Share Contribution” Rules Affecting Employer-Sponsored Group Health Plans By Alden J. Bianchi,  H. Andrew Matzkin,  and Patricia A. Moran The Massachusetts Legislature recently passed, and Governor Deval Patrick signed into law, S. 2400, “An Act Improving the Quality of Health Care and Reducing [...]

Monday August 13th, 2012 in Employee Benefits, Employee Benefits Law, Human Resources | No Comments »

Checklist of 408(b)(2) Plan Fiduciary Obligations After the July 1, 2012 Deadline; and What About Welfare Plans?

July 1, 2012 was the deadline for “covered service providers” to provide newly required fee disclosures under ERISA section 408(b)(2). Now that the July 1 deadline has passed, retirement plan fiduciaries have an obligation to do the following: Identify all service providers potentially being paid directly or indirectly from the plan for their services Confirm [...]

Monday July 9th, 2012 in Employee Benefits Law, Human Resources | No Comments »

Opinion: Health-care law helps small businesses be socially responsible

As someone who provides counsel to businesses and nonprofits, I have always stressed the value of social responsibility as a long-term business strategy. In essence, it is a way to invest in the people and communities that allow your business to run and even prosper. Sterlin says the law could actually help small businesses attract [...]

Monday July 9th, 2012 in Employee Benefits Law, Human Resources | No Comments »

Employer Group Health Plans and the Constitutionality of the ACA

Focus turns to completing 2012 and 2013 compliance tasks following the U.S. Supreme Court’s decision. Today, the U.S. Supreme Court ruled that virtually the entire Patient Protection and Affordable Care Act of 2010 (ACA) is constitutional (with the exception of a Medicaid issue that is not directly relevant to employers), validating the full range of [...]

Monday July 2nd, 2012 in Employee Benefits Law, Human Resources | No Comments »

What the Supreme Court Decision Means for Employers and Plan Sponsors

The Supreme Court of the United States (the “Court”) ruled today, in a 5-to-4 landmark decision,[1] that the individual mandate under the Patient Protection and Affordable Care Act (“the Act”) is constitutional, although it also held that certain Medicaid expansion provisions are unconstitutional. The Act’s coverage mandates remain in effect and the implementation and administration [...]

Friday June 29th, 2012 in Employee Benefits Law | No Comments »

IRS Provides Much Needed Guidance for Health FSAs

Author: Jason A. Rothman (Cleveland) Employers are getting some welcome relief in the form of IRS guidance that provides helpful details and clarity on how to implement the upcoming $2,500 limit on salary reduction contributions to health flexible spending accounts (FSAs) set by the Patient Protection and Affordable Care Act (PPACA). Notice 2012-40, which was [...]

Friday June 8th, 2012 in Employee Benefits Law, Employment Law | No Comments »

Courts in the Fourth Circuit Continue Trend: Death from Driving While Intoxicated Is Not an “Accident.”

Magistrate Judge Patrick Auld, sitting in the Middle District of North Carolina, found in favor of an ERISA plan fiduciary who determined that a death resulting from driving while intoxicated was not an “Accident” for purposes of an Accidental Death & Disability benefit under an ERISA-qualified employee benefit plan. Johnson v. American United Life Ins. [...]

Tuesday May 29th, 2012 in Employee Benefits Law, Human Resources | No Comments »

The Ultimate Guide to Locating Lost Benefit Plan Participants

Benefit plan administrators in-house or third-party administrators, often need to locate people who terminate employment without leaving a forwarding address and have benefits due from a qualified plan.  By law, these companies must perform due diligence in attempting to locate a lost plan participant in order to meet ERISA, GATT, IRS requirements. Unfortunately, the IRS [...]

Monday March 5th, 2012 in Company News, Employee Benefits Law, Human Resources | No Comments »

3 Lawsuits That Are Changing the California Labor Law Landscape

3 Lawsuits That Are Changing the California Labor Law Landscape Employment lawsuits have risen to their highest peak in history, with almost 100,000 claims files in 2010, according to the EEOC. Incredibly, that number reflects a 31% increase from just 4 years ago! There is a never-ending flow of new court cases and decisions that [...]

Wednesday August 24th, 2011 in Employee Benefits Law | No Comments »

Can bankruptcy be considered when running a background check?

A new decision by the United States Court of Appeals for the Third Circuit has clarified the issue of whether a private employer can legally consider a job applicant’s bankruptcy under U.S bankruptcy law in making an employment decision. The Court ruled that when it comes to private employers, Congress intentionally only protected current employees from [...]

Wednesday December 29th, 2010 in Employee Benefits Law, Employment Law, Human Resources | No Comments »