End of the COVID-19 Emergency – Impact on Employee Benefit Plans

On March 29, 2023, the Departments of Labor (“DOL”), Health and Human Services (“HHS”), and Treasury (the “Departments”) published FAQs Part 58 on the Families First Coronavirus Response Act (“FFCRA”), the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), and the Health Insurance Portability and Accountability Act (“HIPAA”), providing guidance on the impact …

DOL Final Regulations on ESG Investing: “It’s All ‘Bout the Money”

Whether it is appropriate for institutional investment decision-makers to take into account environmental, social, or governance (“ESG”) factors or invest to promote ESG objectives, has become a divisive political issue and a frequent topic in the popular press. For example, the state of Florida recently announced that it would divest $2 billion of state assets …

Using the New Group Health Plan Fee Disclosure Rules To Reduce Plan Costs

Like a 401(k) plan, a group health plan must comply with ERISA’s rule that prohibits a plan fiduciary from paying more than a reasonable amount for services provided to the plan. When a group health plan offers insured benefits, service providers may receive a commission from the insurance company instead of direct payment from the …

U.S. Department of Labor Signals Increased Focus on Protecting Against Retaliation

On March 10, 2022, the U.S. Department of Labor (DOL) and its Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2022-02 (FAB). FAB focused on retaliation against employees who assert rights under a broad array of federal laws, including the FLSA, FMLA, the Migrant and Seasonal Workers, various work Visa programs (such as …

The DOL to Bring Back the 80/20 Rule for Tipped Employees with an Additional 30-Minute Rule

In an effort to “undo” the Department of Labor’s (“DOL”) actions under the Trump administration, on June 23, 2021, the agency published a Notice of Proposed Rulemaking (“NPRM”), revising how it will regulate the minimum wage pay of tipped employees. Under the Fair Labor Standards Act (“FLSA”), employers must pay non-exempt hourly employees a minimum …

States Relax COVID-19 Restrictions on Businesses as Summer Approaches

With summer approaching and vaccination numbers surging, the United States’ population appears more than ready to return to normalcy after over a year of COVID-19 lockdown.  However, while citizens and businesses alike clamor for the economy to fully reopen, President Biden has continued to urge the states to exercise caution when lifting COVID-19 restrictions.  Weighing …

U.S. Department of Labor Issues New Independent Contractor Rules For March 8, 2021; Will It Take Effect?

Employers are routinely challenged in navigating the U.S. Department of Labor’s (DOL) test to determine independent contractor status of workers under the federal wage and hour laws. Employers regularly retain workers as independent contractors to whom employers are not obligated to pay overtime or minimum wage. As such, those employers would benefit from a clear …

The DOL’s Updated Guidance on the Expired FFCRA—It Will Still Enforce Pre-December 31, 2020 FFCRA Violations

As relayed in our late December piece titled: “It’s Official, the FFCRA Expires This Year. Tax Credits Available to Employers that Voluntarily Provide Paid Leave for COVID-19 Absences,” mandated FFCRA paid leave expired on December 31, 2020; however, per the federal government’s new stimulus bill (The Consolidated Appropriations Act, 2021 referred as the “Act”), as …

The Department of Labor Cements Telehealth Visits for FMLA Purposes as the New Normal

Given the huge uptick in telemedicine as a result of the COVID-19 pandemic, the Department of Labor (DOL) issued guidance (Field Assistance Bulletin No. 2020-8) that makes it clear to employers that an employee’s telehealth visit to a provider can be used to support the employee’s need for FMLA leave. The guidance comes on six …

It’s Official, the FFCRA Expires this Year. Tax Credits Available to Employers That Voluntarily Provide Paid Leave for COVID-19 Absences

There were rumors that with the new stimulus deal that Congress would extend FFCRA leave, but that turned out to be fake news. Upon reviewing House Speaker Pelosi’s press release discussing the stimulus deal it became clear that no, the FFCRA would not be extended to provide employees guaranteed paid leave benefits for COVID-19 qualifying …