February 28, 2019

Navigating a complex leave law like FMLA and staying current with ever-changing regulations can be burdensome. Some situations are difficult to navigate and remain compliant, especially if the employee on leave can’t return to work as planned. When is it ok to terminate an employee at the end of FMLA leave?

February 28, 2019

Qualified transportation fringe benefits allow employees and employers to use pre-tax dollars towards commuting expenses. The amount of pre-tax dollars allowable varies based on cost-of-living adjustments by the IRS. (The monthly maximum limit for 2019 is $265.) In general, these benefits are completely optional and employers are not required to offer them. However, some cities with high commuter populations (e.g. New York City, San Francisco, Washington, D.C.) have laws that make it mandatory for employers to offer the benefit.

February 28, 2019

The IRS recently issued Information Letter 2018-0033, which expands the instances in which an employer can recoup HSA contributions it made on behalf of its employees. The letter confirms that where there is clear documentary evidence of an administrative or process error, the employer may request the return of the contributed amounts, with any correction making it as if the error had never occurred.

February 28, 2019

The Department of Labor (DOL) recently announced increased 2019 penalties for employee benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA). The increases generally apply to penalties that involve employee benefit reporting and disclosure failures if the penalty is assessed after January 23, 2019 and if the violation occurred after November 2, 2015.

February 28, 2019

Employers must comply with certain filing and disclosure requirements each year in connection with their group health plans. This chart summarizes some of the key requirements and is designed to be used as a tool to help facilitate annual compliance.  

November 27, 2018

Open enrollment is one of the busiest times of year for employee benefits professionals. It’s a stressful season that typically results in questions and complaints, and comes with a high potential for both employer and employee mistakes.

November 27, 2018

Telemedicine services allowing individuals to have a “virtual” visit with a board-certified doctor have grown in popularity. Visits are conducted via phone or video and doctors can review electronic health records to diagnose, treat and prescribe some medications. Although medical services are provided virtually rather than in person, a telemedicine visit is a “real” physician visit, not just preventative care or a helpline. An increasing number of employers are offering telemedicine benefits to their employees, either as a stand-alone benefit (such as Teladoc®) or as an embedded benefit offered by their health insurance carrier.

November 27, 2018

On October 23, 2018, the Internal Revenue Service, the Department of Labor and the Department of Health and Human Services released a proposed rule broadening the availability and use of health reimbursement arrangements (HRAs). The proposed rule comes in response to President Trump’s executive order from October 2017, which called for the expansion of employers’ ability to offer HRAs to their employees and allow HRAs to be used in conjunction with non-group coverage. The newly proposed rule would seek to “expand opportunities for working men and women and their families to access affordable, quality healthcare” through changes to regulations under various provisions of the Public Health Service Act (PHSA), the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (IRC). The proposed effective date is for plans beginning on or after January 1, 2020.