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Register today for full- and half-day intermediate-level seminars on ERISA, the ACA, cafeteria plans, HRAs & HSAs, wellness programs, HIPAA, and COBRA. Join us in Boston, Minneapolis, Seattle, Dallas, or Chicago. And see below for our next live webinars and our advanced conference in Seattle. For more information or to register, … Read More
IRS Notice CP 220J Available at https://www.irs.gov/pub/notices/cp220j_english.pdf The IRS has released sample Notice CP 220J, which will be used to notify applicable large employers (ALEs) that the IRS has charged them, for one or more months, an employer shared responsibility payment (ESRP)—the Code § 4980H penalty that may be assessed against … Read More
CNH Indus. N.V. v. Reese, 2018 WL 942419 (U.S. 2018) Available at https://www.supremecourt.gov/opinions/17pdf/17-515_2c83.pdf The U.S. Supreme Court has reversed the Sixth Circuit in a case involving the vesting status of retiree health benefits. Under a 1998 collective bargaining agreement with a general expiration date of 2004, the employer provided group health … Read More
Zarda v. Altitude Express, Inc., 2018 WL 1040820 (2nd Cir. 2018) Available at http://www.ca2.uscourts.gov/decisions/isysquery/c636b31a-3354-46f2-a9ff-a6c531043e7c/1/doc/15-3775_complete_enbanc_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/c636b31a-3354-46f2-a9ff-a6c531043e7c/1/hilite/ The Second Circuit has become the second federal appeals court to conclude that Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin, also prohibits … Read More
White v. Home Depot USA Inc., 2018 WL 704328 (D. Ariz. 2018) As part of a larger employment discrimination suit, a former employee sued his employer under state law for “negligent misrepresentation” of the nature of his COBRA coverage. The employee and his spouse, who suffered from multiple sclerosis, had elected COBRA coverage following the … Read More
QUESTION: Can our company’s health plan impose a “setting-based” exclusion to avoid covering services performed in an educational setting? ANSWER: Plans often have exclusions based on the setting in which a service is performed. To have the best chance of being enforceable, the provisions should be carefully worded, and details on the exclusion’s parameters should … Read More