Federal Employment Law Articles

Benefits - General

Articles Discussing General Topics In Employee Benefits.

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Options for Menopause Benefits for Employees

Ogletree Deakins·

Employers often target benefit offerings to specific groups of workers—think dependent care accounts or student loan repayment matching contributions—so maybe it was inevitable.

What Is Earned Wage Access for Employees?

Jackson Lewis P.C.·

Earned wage access (EWA) is a term often heard among employers in the retail and hospitality industries. EWA may be referred to as instant pay, earned income, early wage access, accrued wage access, or on-demand pay.

IRS Places Moratorium on New Employee Retention Tax Credit Processing

Ogletree Deakins·

On September 14, 2023, the Internal Revenue Service (IRS) released Employee Retention Credit (ERC) guidance placing a moratorium on processing new ERC claims due to a surge in questionable claim submissions.

Not So Fast . . . IRS Delays Processing of Employee Retention Tax Credit Claims and Warns Employers to Proceed with Caution

Jones Walker LLP·

The Internal Revenue Service announced on September 14 that it was “increasingly alarmed” about potentially abusive submissions for tax credits under the Employee Retention Credit (ERC), which is a tax credit passed in conjunction with relief promulgated under the CARES Act. Citing a backlog in revi

Catching Up With the Times—IRS Issues Guidance Delaying Required Roth Catch-up Contributions

Ogletree Deakins·

To the relief of plan sponsors everywhere, the Internal Revenue Service (IRS) recently issued Notice 2023-62, which provides guidance on the requirements of Section 603 of the SECURE Act 2.0 of 2022 relating to catch-up contributions. Specifically, Section 603 otherwise requires that catch-up contri

IRS Emphasizes Health FSA and Dependent Care Assistance Program Substantiation Requirements

Ogletree Deakins·

On April 28, 2023, the Internal Revenue Service’s Office of Chief Counsel released guidance reiterating claims substantiation rules for health flexible spending arrangements (health FSAs) under Internal Revenue Code Section 125 and frowning upon certain substantiation practices that seem to have cre

Proposed Rules Push Mental Health Parity Up Benefit Priority List

Ogletree Deakins·

It could not be any clearer to employers that compliance with the Mental Health Parity and Addiction Equity Act of 2008 will be a—maybe the —top health and welfare benefit priority for federal regulators for years to come.

WA Cares Fund Premiums Started July 1, 2023, and Quarterly Reporting Begins October 1, 2023

Littler·

On July 1, 2023, after a long delay, mandatory withholdings for the WA Cares Fund finally took effect. The WA Cares Fund is a state-run, long-term-care insurance program requiring employers to pay premiums through a mandatory payroll deduction from all employees who have not provided proof of an exe

No Surprises Act Guidance on Out-of-Pocket Maximums and Facility Fees

Ogletree Deakins·

Employers have some new clarity on the No Surprises Act rules on out-of-network providers and charges under new guidance from the U.S. Department of Labor, U.S. Department of the Treasury, and the U.S. Department of Health and Human Services.

Impact of Critical Withdrawal Liability Interest Rate Assumption on Construction Industry Employers

Jackson Lewis P.C.·

Withdrawal liability is a major concern for many employers with collectively bargained operations. While special rules applicable to the construction industry can limit the circumstances under which liability can be imposed, they do not eliminate it entirely. Recent case law on the interest rate ass

CMS Updates Could Help Employers on Second Round of Drug Cost Reporting

Ogletree Deakins·

Employers facing a June 1, 2023, deadline for 2022 prescription drug cost reporting have important new clarification on issues such as plans that cover more than one employer, average monthly premium calculations, and medical plans that carve out prescription drug benefits.

The Year Ahead in Benefits

Jackson Lewis P.C.·

Benefits beyond the usual medical, dental and vision will continue to occupy HR ideas and initiatives in 2023. Jackson Lewis principals Joy Napier-Joyce and Melissa Ostrower note that employers will be proactive, formalizing and distributing policies focused on both retention through benefits and re

Top 5 Changes in the SECURE 2.0 Act for Plan Sponsors and Participants

Littler·

The Securing a Strong Retirement Act of 2022 included in the omnibus spending bill includes five significant changes for employers and plan sponsors:

Federal Regulators Offer Employer Health Plans Last-Minute Relief on Prescription Drug Reporting

Ogletree Deakins·

Employers have a reprieve from the challenging December 27, 2022, deadline for reporting 2020 and 2021 prescription drug cost information to the U.S. Department of Health and Human Services (HHS).

IRS Provides Plan Amendment Deadline Relief

Ogletree Deakins·

Earlier this year, the Internal Revenue Service (IRS) issued Notice 2022-23, which extended the deadline to make certain amendments pursuant to the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019, the Bipartisan American Miners Act of 2019 (Miners Act), and the Coronavirus

Seriously Spiked COLAs for Qualified Retirement Plans for 2023

Ogletree Deakins·

Qualified retirement plans will experience unusually sharp increases to compensation and contribution limitations for 2023 compared to adjustments in recent years. On October 21, 2022, the Internal Revenue Service (IRS) released Notice 2022-55, providing the 2023 calendar year cost-of-living adjustm

The Employee Retention Tax Credit: Retroactive Filing Is Ongoing Through 2024

Ogletree Deakins·

Many employers have already claimed millions of dollars in tax credits through the Employee Retention Tax Credit (ERTC). Those employers that have not yet claimed (or incorrectly claimed) any ERTC may still do so retroactively by filing amended payroll tax returns for tax years 2020 and 2021.

What New Student Loan Relief Means for Employee Benefits

Ogletree Deakins·

The Biden administration announced several student loan debt relief measures on August 24, 2022, including an extended loan repayment moratorium through December 31, 2022, and debt cancellation that will be available near the end of the year.

New HDHP Insulin Safe Harbor Under Inflation Reduction Act of 2022

Ogletree Deakins·

On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (IRA) (P.L. 117-169), a budget reconciliation act focused on tax reform, climate change, and healthcare costs. One notable provision of the IRA for employers is the expansion of coverage of insulin under high ded

HHS, DOL, and Treasury Give Employer-Sponsored Health Plans Another Warning on Providing Contraceptive Coverage

Ogletree Deakins·

For the second time in six months, frequently asked question (FAQ) guidance from federal regulators is calling attention to the requirement that employer-sponsored health plans provide coverage for women, without any cost sharing, for the full range of contraceptive methods approved by the U.S. Food