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Documents on Labor And Employment, Health Care
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|Employers’ Bundle of Joy: The Rhode Island General Assembly Passes Mandatory Reasonable Accommodation Law for Pregnant and Nursing Women|
Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 24, 2015, previously published on September 24, 2015On June 25, 2015, the Rhode Island General Assembly passed and Governor Gina M. Raimondo signed legislation making it an unlawful employment practice under the state’s Fair Employment Practices Act for an employer to refuse to reasonably accommodate an employee’s or prospective...
|The Affordable Care Act: What’s Ahead?|
Penny C. Wofford; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 24, 2015, previously published on September 24, 2015More than five years after its enactment, the Affordable Care Act (ACA) continues to be one of the top concerns for employers, and rightly so: the ACA is one of the most comprehensive laws impacting employee benefits since the Employee Retirement Income Security Act of 1974.
|The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 10 of 24): IRS Issues Final Form 2015 Instructions for Forms 1094-B and 1095-B, 1094-C and 1095-C—Good News for HRAs, Changes to COBRA Reporting, Clarifications for Multiemployer Plans, and More|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 23, 2015, previously published on September 21, 2015The IRS recently issued final instructions for Forms 1094-B and 1095-B and Forms 1094-C and 1095-C . The 2015 Instructions for Forms 1094-B and 1095-B implement a suggestion we made in a previous post relating to the reporting of Health Reimbursement Arrangements (HRAs) that are integrated with...
|Home Health Care Agencies, DOL Continue to Wrangle Over FLSA Regs Effective Date|
Robert R. Roginson, Carolyn E. Sieve; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 21, 2015, previously published on September 17, 2015As we previously reported, on August 21, 2015, the United States Court of Appeals for the D.C. Circuit in Home Care Association of America v. Weil reinstated the U.S. Department of Labor’s (DOL) regulations extending the federal minimum wage and overtime requirements for home health care...
|The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 9 of 24): Unraveling the Mystery of Indicator Code 2D—What Exactly is a “4980H(b) Limited Non-Assessment Period” (and Why is there no “4980H(a) Limited Non-Assessment Period”)?|
Alden J. Bianchi, Ed Lenz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 17, 2015, previously published on September 14, 2015The Affordable Care Act’s reporting rules—which are set out in Internal Revenue Code §§ 6055 and 6056—solicit the information needed by the Internal Revenue Service to enforce the individual and employer shared responsibility rules and to support the proper...
|Arbitrator Strikes Down ‘Vaccinate or Mask’ Policy at Sault Area Hospital as an Unreasonable Exercise of Management Rights|
Natalia Rodriguez; Borden Ladner Gervais LLP;
September 15, 2015, previously published on September 14, 2015On September 8, 2015, Arbitrator James Hayes released his decision in Sault Area Hospital v. Ontario Nurses' Association (“ONA”), striking down the Hospital's “Vaccinate or Mask” (the “VOM Policy”).
|Update On Affordable Care Act Employer Reporting Requirements|
Lamb Barnosky LLP;
September 3, 2015, previously published on August 31, 2015As we advised you in our January 20, 2015 client memo (copy attached), the Patient Protection and Affordable Care Act ("the ACA") requires certain large employers to annually report whether and what health insurance coverage has been offered to full-time employees. This reporting...
|New Rules For Participation In Employer Wellness Programs Proposed|
Anna E. Indahl; Modrall Sperling;
September 1, 2015, previously published on August 27, 2015Employer wellness programs are generally designed as a way to improve employee health and to reduce health care costs to employers. Some wellness programs ask employees to engage in healthier behavior (for example, by becoming more active, not smoking or eating better), while others obtain...
|Round 2: DOL Wins Right to Change Home Health Care Exemption|
W. David Paxton; Gentry Locke Rakes & Moore, LLP;
August 28, 2015, previously published on August 2015Until recently, the Department of Labor (DOL) interpreted the Fair Labor Standards Act (FLSA) to exempt from minimum wage and overtime pay those persons who provided “companionship services” (to the aged or infirm)  or were “live-in” domestic workers,  regardless who...
|The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 5 of 24): Reporting of Health Reimbursement Arrangements under Code § 6055 (Spoiler Alert: You Are Not Going to Like This One)|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 19, 2015, previously published on August 19, 2015As we reported last week, the IRS recently issued draft 2015 Instructions for Forms 1094-C and 1095-C. These instructions are of interest to applicable large employers who must report their compliance with the Affordable Care Act’s (ACA) rules governing employer shared responsibility. At the...