Tag: Employee Benefits

Health Reform Means Different Things for FSAs and HSAs

There is some persistent confusion over what the implementation of the health reform law means for health flexible spending accounts and health savings accounts. The short answer is that with one exception, employers and plan administrators must follow different steps for health FSAs and HSAs. Understanding these steps is crucial, because the time to prepare […]

Transit Benefit Parity: Train Has Left the Station

Employers will not have any reason to adjust their qualified transportation fringe benefit plans — not as a result of a major highway funding bill that recently became law, anyway. That bill, known as the Moving Ahead for Progress in the 21st Century, or MAP-21, once had a transit benefit parity provision in it, which […]

Immediate Reform Implementation Is Revenue-reporting and Tax-related (apart from SBC)

With the Supreme Court’s June 28 ruling affirming health reform, its legal requirements on employer health plans are a green light. Plans therefore continue to face important requirements this calendar year. Fortunately, they’re the same ones employers have known about for some time. But if an employer has been holding off from comprehensive implementation, a […]

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. […]