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Labor & Employment News Alert

Employee benefits

Families First Coronavirus Response Act Paid Leave Benefits Extended (sort of)

On Sunday, December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021,” (“the Act”) which includes a subtle, yet significant, amendment to the Families First Coronavirus Response Act (“FFCRA”).  

To review, the FFCRA became effective on April 1, 2020, and requires employers with fewer than 500 employees to provide two types of paid leave regarding Covid-19: (1) Emergency…

PUC and PPP Intersection

What is the relationship between Pandemic Unemployment Compensation ("PUC") and the payroll requirements of the Paycheck Protection Program ("PPP") loan forgiveness? The PPP rules tie loan forgiveness to an employer’s payroll, full-time equivalent census, and reductions in payroll. Pandemic Unemployment Compensation provides enhanced unemployment benefits of $600 per week. But there is tension…

Group Health Plan Deadlines Extended

On April 29, the Departments of Labor and the Treasury, in consultation with the Department of Health and Human Services, issued a new final rule with respect to extensions of time for various deadlines related to employee benefit plans. The new rule extends timeframes with respect to HIPAA, COBRA and ERISA claims for benefits by disregarding the “Outbreak Period,” defined as the period from…

Supreme Court Rules in Favor of Retirement Plan Participants

On February 26, 2020, the United States Supreme Court issued a significant and unanimous ERISA decision inIntel Corporation Investment Policy Committee v. Sulyma where the Court held that a plaintiff must have actual knowledge of an alleged fiduciary breach to trigger a shorter three-year statute of limitations period.  According to the decision, a plan participant does not have actual knowledge…

ACA: Another Court Decision but Questions Remain

In a December 16, 2018 blog post, we shared an opinion from a district court in Texas holding that the individual mandate provision of the Affordable Care Act is unconstitutional because Congress eliminated the tax penalty associated with that mandate as part of the Tax Cuts and Jobs Act of 2017.  The court opined that, because the United State Supreme Court previously upheld the individual…

An Early Look at Federal Labor and Employment Law Developments in 2019

Since we just turned the page on 2018, it is time to focus on what labor and employment law developments may be in store for employers in 2019.  This post highlights several labor and employment regulatory and case law developments that may come to fruition this year.

 

1. The U.S. Equal Employment Opportunity Commission (EEOC) is scheduled to release a new proposal in June regarding how employers…

ACA: Alive and Well or on Death’s Doorstep?

The highly publicized decision from a federal district court judge in Texas declaring the Affordable Care Act unconstitutional has raised serious questions across America, not the least of which is – Is the Affordable Care Act still the law of the land?  The answer for the time-being is, yes.

 

Late Friday night, the Texas district court held that the individual mandate provision of the ACA was…

Congress Considering Unifying State Tax Safe Harbor For Employers and Employees

The Mobile Workforce State Income Tax Simplification Act of 2015, (S.B. 386) was introduced in the United States Senate on February 5th, 2015. The Bill seeks to address tax compliance issues for employers whose employees have brief tours of duty in multiple states. It also seeks to reduce compliance issues for the employees who are required to report income via tax returns in various states that…

 

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