News

Proposed Rules on Wellness Program Incentives Withdrawn

On Feb. 12, 2021, the Equal Employment Opportunity Commission (EEOC) withdrew two proposed rules it previously issued in January 2021, on wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The proposed rules…
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Consent Elements and Disclosures for Workplace COVID-19 Testing and Communicating With Employees About COVID-19 Vaccines

Employers play a critical role in helping promote and providing accurate information about COVID-19 vaccinations. As employers develop their COVID-19 vaccination plans, employee communication will play a pivotal role in the plan coming to life in the workplace. As of…
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Top 10 Workplace Discrimination Claims

In the 2020 fiscal year, the Equal Employment Opportunity Commission (EEOC) resolved more than 70,804 charges of workplace discrimination. Discrimination lawsuits can be very time-consuming and expensive for employers, and can result in a loss of employee morale or reputation…
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IRS Updates FAQs on Employer Tax Credits for FFCRA Leave

On Jan. 29, 2021, the IRS updated its frequently asked questions (FAQs) on tax credits available to employers for providing paid employee leave under the Families First Coronavirus Response Act (FFCRA). While the leave requirements of the FFCRA expired on…
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Executive Order Issued to Strengthen the ACA, Provide Exchange Special Enrollment

On Jan. 28, 2021, President Joe Biden issued an executive order that is intended to strengthen the Affordable Care Act (ACA) and Medicaid. The order: Directs various departments to review all existing regulations and guidance, and other agency actions to…
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HHS Extends Transition Policy for Non-ACA Compliant Health Plans

On Jan. 19, 2021, the Department of Health and Human Services (HHS) extended an existing transition policy for certain health plans that do not comply with the Affordable Care Act (ACA) for an additional year, to policy years beginning on…
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EEOC Announces 2021 Collection Schedule for EEO-1, Other Reports

On Jan. 12, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it will open four equal employment opportunity (EEO) data collections in 2021. The agency had previously delayed EEO collections in May 2020 due to the coronavirus pandemic.…
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IRS Issues Final Rule on Pay or Play and Nondiscrimination Rules for ICHRAs

Since 2020, employers have been able to offer individual coverage HRAs (ICHRAs) to help employees pay for individual health insurance. ICHRAs were established by a final rule published on June 20, 2019, which raised questions about how existing federal rules…
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2021 Health Plan Compliance Deadlines

Employers must comply with numerous reporting and disclosure requirements throughout the year in connection with their group health plans. This Compliance Overview explains key 2021 compliance deadlines for employer-sponsored group health plans. It also outlines group health plan notices that…
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Massachusetts Issues Emergency PFML Regulations

The Massachusetts Department of Family and Medical Leave (DFML) has issued emergency regulations for the paid family and medical leave (PFML) program. The regulations extend PFML coverage to personal care attendants and family child care providers and clarify that family…
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DOL Issues New Q&As About FFCRA Leave Requirements

The U.S. Dept. of Labor (DOL) has issued additional Q&As regarding employee leave under the Families First Coronavirus Response Act (FFCRA). Specifically Q&A 104 explains that employers are not required to provide employees with FFCRA leave after Dec. 31, 2020,…
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DOL Issues Final Rule on FLSA Independent Contractor Status

On Jan. 6, 2021, the U.S. Department of Labor (DOL) issued a final rule that clarifies how to determine whether a worker is an employee who is protected under the Fair Labor Standards Act (FLSA) or an independent contractor who…
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