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Documents on employee benefits
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|EEOC Casts Uncertainty on Popular Wellness Programs|
Nancy Oliphant Ryan; Blank Rome LLP;
December 19, 2014, previously published on November 2014Action Item: Employers with wellness programs that involve higher premiums or other increased cost-sharing for employees who do not participate should contact us immediately to discuss their wellness strategies and to assess their compliance with the Americans with Disabilities Act.
|Final Rules for Offering Limited-Scope Dental and Vision Benefits|
Preti Flaherty Beliveau Pachios LLP;
December 19, 2014, previously published on November 14, 2014Under the Affordable Care Act (ACA), group health plans are prohibited from establishing any annual dollar limit on the amount of benefits for any individual. Group health plans must also provide certain preventive care services without imposing any cost sharing requirements for those services....
|Government Kills Aggressive ACA Employer Planning Technique|
Barry L. Klein; Blank Rome LLP;
December 19, 2014, previously published on November 2014Action Item: The government has struck down an important Affordable Care Act planning technique: so-called “middle” or “minimum value” plans. Employers that have implemented such plans or are significantly down the road on implementing such plans should contact us...
|Does a Request for Disability Benefits Qualify as a Request for an Accommodation of Leave Under the ADA?|
Preti Flaherty Beliveau Pachios LLP;
December 19, 2014, previously published on December 2, 2014Last month, the Sixth Circuit Court of Appeals answered this question in the negative and found that an employee’s request for long-term disability benefits did not amount to a request for a reasonable accommodation in the form of leave. As a result, the Sixth Circuit held that the...
|No FLSA Overtime Recovery For What Employer "Should Have" Paid|
Ted Boehm; Fisher & Phillips LLP;
December 16, 2014, previously published on November 22, 2014Overtime compensation under the federal Fair Labor Standards Act must be based upon an employee's "regular rate" of pay. More and more frequently nowadays, claimants allege that their FLSA overtime compensation should have been (or should be) based upon some rate that would generate more...
|Three Important Components of the Family Medical Leave Act|
Kraig J. Marton, Jeffrey Silence; Jaburg Wilk;
December 11, 2014In 1993, President Bill Clinton signed the Family and Medical Leave Act (“FMLA”), which allows employees time off from their job to bond with their children, care for ill family members, or recover from their own serious health problems — all without fear of losing their job. The...
|Mandatory Employment Benefits Expand: Massachusetts Earned Sick Time Law Approved|
Thomas W. Colomb, Michael J. Maccaro, Brandon H. Moss, Kathryn M. Murphy; Murphy, Hesse, Toomey & Lehane, LLP;
December 10, 2014, previously published on November 2014On November 4, 2014, Massachusetts voters approved a ballot initiative providing for earned sick time for employees (the “Law”). The Law takes effect on July 1, 2015, and will require certain employers to provide up to 40 hours of earned sick time per year to their employees for a wide...
|Ontario Proposes Exemption to the 30% Rule for Pension Investment in Infrastructure|
Monique McAlister; Goodmans LLP - Toronto;
December 10, 2014, previously published on November 11, 2014On November 10, 2014, the Pension Policy Branch of the Ontario Ministry of Finance released for public comment a proposed amendment to the Regulations under the Pension Benefits Act (Ontario) (the PBA) that would provide an exemption from the so-called “30% Rule” for pension investment...
|Supreme Court of Canada Gives Quick Win To BCTF On Parental Benefits|
Christopher McHardy; McCarthy Tétrault LLP;
December 8, 2014, previously published on November 27, 2014The Supreme Court of Canada recently made a rare oral ruling from the bench, giving the B.C. Teachers’ Federation (“BCTF”) a quick win in their appeal of a decision by the B.C. Court of Appeal regarding discrimination and unequal treatment under the Human Rights Code and the...
|Fifth Circuit Adopts Majority Rule on What Constitutes “Other Instruments” of an ERISA Plan|
Marjorie L. Cohen; Wilson Elser Moskowitz Edelman & Dicker LLP;
December 5, 2014, previously published on November 10, 2014ERISA plan administrators facing broad requests for production under ERISA section 104(b)(4) may limit their production to formal legal documents governing the plan, based on new guidance from a panel of the Fifth Circuit in Murphy v. Verizon Communications., Inc., No. 13-11117 (5th Cir. October...