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Documents on Employee Benefits, Health Care
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|Proposed Changes to Overtime Rules|
Charles R. Bacharach; Gordon Feinblatt LLC;
November 17, 2015, previously published on Fall 2015President 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).
|New Legal Theories Providers vs. Health Plans|
John R. Paliga; Gordon Feinblatt LLC;
November 17, 2015, previously published on Fall 2015Health 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.
|DOL Issues New Model FMLA Forms|
Emily E. Mahler; Margolis Edelstein;
November 13, 2015, previously published on July 2015The 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...
|Children With Special Needs May Receive Medicaid Coverage for Home Care Despite Parents' Assets|
Ryan W. Barry; Chambliss, Bahner & Stophel, P.C.;
June 23, 2015, previously published on June 2015If 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...
|EEOC Issues Important Proposed Rule Governing Employer Wellness Programs|
Edward S. Schenk III; Williams Mullen;
April 27, 2015, previously published on April 22, 2015On 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...
|Disgorgement of Profits Not Available for Arbitrary and Capricious Benefits Denial - This Time|
Robert P. Lesko; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 31, 2015, previously published on March 24, 2015Wrongful 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...
|ACA Cadillac Tax Proposed Regs: What Treasury and IRS Are Considering|
Stephanie O. Zorn; Jackson Lewis P.C.;
March 31, 2015, previously published on March 10, 2015The 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...
|City That Cancelled Health Insurance After Firefighter Exhausted FMLA Did Not Violate COBRA|
John H. Geaney; Capehart & Scatchard, P.A.;
March 19, 2015, previously published on March 12, 2015Very 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.
|Employers Beware: Significant Penalties May Be Assessed for Reimbursement of Individual Health Insurance Policy Premiums|
Mindi M. Johnson; Foster, Swift, Collins & Smith, P.C.;
March 19, 2015, previously published on December 18, 2014Employers, 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...
|Ebola and Employer Obligations|
Duncan A. W. Abate, Hong Tran; Mayer Brown JSM;
December 5, 2014, previously published on November 10, 2014The 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...