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Documents on Employee Benefits, Health Care

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HTMLProposed Changes to Overtime Rules
Charles R. Bacharach; Gordon Feinblatt LLC;
Legal Alert/Article
November 17, 2015, previously published on Fall 2015
President Obama has announced that he wants changes to the regulations that define which employees are exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA).


HTMLNew Legal Theories Providers vs. Health Plans
John R. Paliga; Gordon Feinblatt LLC;
Legal Alert/Article
November 17, 2015, previously published on Fall 2015
Health care providers have continued to file lawsuits challenging the adverse decisions of health plans. In the cases discussed below, the providers had mixed success in pursuing two different, novel theories of alleged health plan wrongdoing.


Adobe PDFDOL Issues New Model FMLA Forms
Emily E. Mahler; Margolis Edelstein;
Legal Alert/Article
November 13, 2015, previously published on July 2015
The U.S. Department of Labor (DOL) recently issued updated model Family and Medical Leave Act (FMLA) forms and notices, as the prior forms expired in February 2015. Under the Paperwork Reduction Act of 1995, the DOL is required to submit FMLA forms every three years to the Office of Management and...


HTMLChildren With Special Needs May Receive Medicaid Coverage for Home Care Despite Parents' Assets
Ryan W. Barry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
June 23, 2015, previously published on June 2015
If you have a child with special needs who requires an institutional level of care that can be provided in your home instead of in a hospital or other institution, the Katie Beckett Medicaid Waiver program may allow you to keep your child at home, even if you think that your assets are too high to...


HTMLEEOC Issues Important Proposed Rule Governing Employer Wellness Programs
Edward S. Schenk III; Williams Mullen;
Legal Alert/Article
April 27, 2015, previously published on April 22, 2015
On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) published a proposed rule further addressing increasingly popular employer “wellness programs.” These programs generally incentivize employees to make healthier lifestyle choices by participating in nutrition and...


HTMLDisgorgement of Profits Not Available for Arbitrary and Capricious Benefits Denial - This Time
Robert P. Lesko; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 24, 2015
Wrongful denial of employee benefits will not expose plan fiduciaries to equitable remedies - such as disgorgement of profits - where restoration of benefits is adequate to make the claimant whole, says the Sixth Circuit in Rochow v. Life Ins. Co. of N. Am., No. 12-2074 (March 5, 2015). So the...


HTMLACA Cadillac Tax Proposed Regs: What Treasury and IRS Are Considering
Stephanie O. Zorn; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 10, 2015
The Affordable Care Act (“ACA”) added section 4980I to the Internal Revenue Code (“Code”). Code section 4980I applies to tax years after December 31, 2017, and provides a tax on high cost employer-sponsored health coverage - if the aggregate cost of employer-sponsored...


HTMLCity That Cancelled Health Insurance After Firefighter Exhausted FMLA Did Not Violate COBRA
John H. Geaney; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 19, 2015, previously published on March 12, 2015
Very few cases have focused on the relationship between COBRA and FMLA. The case of Neal v. City of Danville, Virginia, 2014 U.S. Dist LEXIS 17126, W. D. Va. (December 11, 2014) provides employers with important insight on this issue.


HTMLEmployers Beware: Significant Penalties May Be Assessed for Reimbursement of Individual Health Insurance Policy Premiums
Mindi M. Johnson; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 19, 2015, previously published on December 18, 2014
Employers, including municipal employers, have historically struggled to develop a health insurance benefit program for their employees that provides quality benefits and is cost-effective. After the Health Insurance Marketplace opened for business, many employers recommended that their employees...


Adobe PDFEbola and Employer Obligations
Duncan A. W. Abate, Hong Tran; Mayer Brown JSM;
Legal Alert/Article
December 5, 2014, previously published on November 10, 2014
The outbreak of the Ebola Virus Disease (“Ebola”) in West Africa has received considerable media attention as it begins to spread outside of Africa. In August 2014, the Government of Hong Kong confirmed that Ebola is grouped under Viral Haemorrhagic Fever (“VHF”), which is...


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