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  • Monday, November 16, 2020
    A new final rule aimed at promoting transparency in health care will impose potentially burdensome new disclosure requirements on many group health plans.
  • Friday, November 13, 2020
    It seemed like a great idea last spring when the federal government issued guidance providing relief from certain benefits deadlines—including those related to COBRA continuation coverage—due to the disruption caused by the COVID-19 national emergency. Then, it was assumed the emergency would end by the end of June. However, there is no clear end date in sight. Now that we are 9 months into the national emergency, it is fair to ask whether this undefined open-ended period is a good idea.
  • Tuesday, November 10, 2020
    Several major cities (and one West Coast state) recently adopted predictive scheduling laws, which require employers to post work schedules more than 1 week in advance. While the Midwest region hasn’t yet seen an influx of the laws, you should pay attention because the trend is an employee-friendly response to the last-minute scheduling approach dominating industries in which customer demand is uncertain, such as restaurants and retail stores.
  • Friday, November 6, 2020
    Employees will be able to contribute up to $2,750 to a health flexible spending account (FSA) in 2020, the same as in 2020, the Internal Revenue Service (IRS) announced in Revenue Procedure 2020-45. However, changes were made to certain other benefits thresholds and limits.
  • Friday, October 30, 2020
    As most business owners and managers know, the federal Fair Labor Standards Act (FLSA) requires all covered employers to pay overtime compensation to any nonexempt employee who works more than 40 hours in a week. Under the FLSA, however, "employer" includes "any person acting directly or indirectly in the interest of an employer in relation to an employee." The definition is a bit circular (using the word employer to define employer), but note that the FLSA's interpretation is expansive in order to achieve its broad remedial purposes. So when does an individual qualify as an "employer" under the FLSA? That definition encompasses more individuals than you may think. A recent Arizona case illustrates the personal liability risk for owners and managers on FLSA claims.
  • Friday, October 16, 2020
    As COVID-19 continues to affect the workplace, the U.S. Department of Labor (DOL) is trying to provide guidance on how employers should implement the Families First Coronavirus Response Act (FFCRA). You may be wondering if, when, and how you can require employees to provide notice and documentation when they’re taking paid leave under the FFCRA. Thanks to a recent revision to the DOL’s “final rule” on paid leave under the Act, the answer has been clarified.
  • Monday, October 12, 2020
    The U.S. Department of Labor (DOL) is proposing a new regulation it says will simplify the determination of when a worker is an independent contractor instead of an employee. The rule, which is being fast-tracked with a shorter comment and adoption period, appears to make it easier for employers to classify workers as independent contractors rather than employees covered by federal minimum wage and overtime laws. The move expands the DOL’s efforts to loosen restrictions on independent workers.
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