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► Vague COBRA Notice Leads to Class Action Lawsuit

September 19, 2017

Employers and plan administrators must not only ensure Consolidated Omnibus Budget Reconciliation Ac t (COBRA) election notices are sent to qualified beneficiaries on a timely basis, but they must also make sure that the notices’ content satisfies the COBRA regulations. For this reason, it ...

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► Unequal Parental Leave Benefits Raises Discrimination Claim

September 18, 2017

As a major cosmetic company recently learned, having different parental leave programs that provide unequal benefits to similarly situated men and women can lead to a claim of discrimination under Title VII of the Civil Rights Act . In a lawsuit filed by the Equal Employment Opportunity ...

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► Steep Decline in Retirement Plan Fees Slows Down

September 13, 2017

For the first time in seven years, retirement plan recordkeeping, trust, and custody fees, which have been in a steep decline for years under pressure from sponsors, participants, federal regulations, and litigation, remained flat in 2017. A recent survey conducted by NEPC documents the change in ...

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► IRS Explains Cafeteria Plan Forfeitures

September 11, 2017

Some light was shed on the rules related to cafeteria plan forfeitures when the plan sponsor ceases operations and terminates the plan, in Information Letter 2016-0077 , issued earlier this year by the Internal Revenue Service (IRS). A cafeteria plan is a separate written plan maintained by ...

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► What Employers Need to Know About the DACA Repeal

September 7, 2017

The Trump Administration announced on September 5, 2017, that it is ending the federal Deferred Action for Childhood Arrivals (DACA) program. The federal program, which had protected thousands of young undocumented immigrants from deportation, is slated to be phased out over the next 6 months. ...

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► Can Employers Discipline an Employee on FMLA Leave?

August 28, 2017

The Family and Medical Leave Act (FMLA) is a complicated law that generates a steady stream of misconceptions. One of the biggest misconceptions about the FMLA is that it insulates employees from disciplinary proceedings while they are on FMLA-approved leave. Anyone who assumes that taking ...

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► IRS Clarifies HSA-Medicare Issue

August 25, 2017

A few months ago, the Internal Revenue Service (IRS) clarified in Information Letter 2016-0082 how Medicare enrollment and health savings account (HSA) eligibility sometimes collide when an employee retires shortly after turning the age of 65. More recently, the IRS provided guidance on ...

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► New Fringe Benefit Compliance Tool for Public Employers

August 23, 2017

The Internal Revenue Service (IRS) recently released a checklist to help public employers comply with the fringe benefit rules. Many of the provisions it addresses apply in the private sector as well. Fringe Benefits Compliance Self-Assessment for Public Employers (Form 14581-A) is one of ...

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► Radical Protests: How Should HR Respond to Employees' Off-Duty Conduct?

August 21, 2017

Negative repercussions for employers may occur when employees engage in extreme off-duty conduct that ultimately puts employers in a bad light and presents HR with a difficult problem to solve. If the employer chooses to fire an employee who engages in off-duty conduct that goes against the ...

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► It's Back to Business After Senate Fails to Pass ACA Repeal

August 19, 2017

Last month, the U.S. Senate voted in a late night session to reject the scaled down version of the Republicans’ plan to repeal the Affordable Care Act (ACA). While the failed bill may be followed by more incremental efforts to tweak ACA requirements, for now employers will need to refocus ...

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