The new Department of Labor FMLA Branch Chief is calling 2014 a “pivotal” year for FMLA enforcement through a renewed focus on conducting compliance investigations with an emphasis in on-site FMLA visits. Going forward, the DOL has the authority to come on-site whenever it deems appropriate. The DOL states that the standard request for information will […]
Managing multiple employee leaves can present a huge drain on human resources in companies of any size. Between 4% and 10% of U.S. employees are absent on any given day according to Employee Benefit News, September 2010. Many of these leaves are left undocumented, which means employers do not have complete data on the number […]
Last month, a U.S. District Court rejected an employer’s petition to dismiss a case brought by Joseph Whittaker, a severely obese employee, who had been terminated. Whittaker had worked seven years for the company before his termination. The employer maintained the employee was unable to perform his job due to his limited mobility. (Joseph Whittaker […]
Last year, in United States v. Windsor, the Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. President Obama said: This ruling is a victory for couples who have long fought for equal treatment under the law, for children whose parents’ marriages will now be recognized, rightly, as legitimate; […]
Question: Can an employer reimburse its employees for premiums on a pre-tax basis for purchasing individual market medical coverage Answer: No. In IRS Notice 2013-54 & Technical Release 2013-3, the IRS and DOL prohibit the reimbursement of premiums for individual medical policies from health reimbursement arrangements and premium only plans. The IRS and DOL indicate that such arrangements […]
IRS has issued a revised Form 720 and instructions for filing the PCOR fees by July 31, 2014. Filers will enter covered-lives counts and applicable rates ($1 for plan years ending before Oct. 1, 2013; $2 for plan years ending on or after Oct. 1, 2013) in Part II of Form 720 (line 133) to […]
On May 13, 2014, the IRS issued Q&A guidance restating the conclusion in Notice 2013-54, that an employer is considered to establish a type of group health plan-called an “employer payment plan”-if it reimburses employees’ premiums for individual health insurance policies. In Notice 2013-54, the IRS states that because employer payment plans cannot integrate with individual insurance policies, they […]
Question: I enrolled in my employer’s group medical coverage at its open annual enrollment on July 1, 2014. In November 2014, I plan to drop this medical coverage and enroll in Health Insurance Marketplace at its next open enrollment for 2015. Can I drop my employer’s group medical coverage in November 2014 for coverage on the Health […]
The misclassification of an employee as an independent contractor can create significant problems for your organization and its payroll service. As such, misclassifications represent large potential revenue losses for all levels of government. If an independent contractor faces tax problems, needs unemployment or needs disability benefits, the contractor has incentive to go back and claim […]
Worker safety is an issue in virtually every industry or profession. Injuries can trigger Workers’ Compensation claims by everyone from executives making million dollar salaries to fast food restaurant employees being paid the minimum wage. Case in point: The overwhelming number of concussions suffered by professional athletes, especially those performing in the National Football League […]
