Health Care Coverage Reporting Requirements Now that the Supreme Court has ruled and upheld the Patient Protection and Affordable Care Act (otherwise known as the New Health Care Law), employers will need to start focusing in earnest on the Act’s requirements. Some parts of the Act have gone into effect already, but most of the… Continue Reading
Category Archives: Benefits
Subscribe to Benefits RSS FeedStates Immune From Self-Care FMLA Claims
Posted in Benefits, Constitution, FMLAIn Coleman v. Court of Appeals of Maryland, in a 5-4 plurality ruling, the U.S. Supreme Court held that states are immune from suit as sovereigns under the self-care provision of the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq. Coleman was an employee of the Maryland Court of Appeals… Continue Reading
Arizona Must Continue Offering Benefits to Same-Sex Partners of State Employees
Posted in Benefits, Constitution, Discrimination, Legislation, State LawLast Tuesday, the Ninth Circuit upheld an injunction that blocked an Arizona law that would have eliminated health care benefits for same-sex partners of state employees. Before 2008, health insurance benefits for dependents of Arizona state employees were available only to the spouses and children of those employees. In April of 2008, then-Governor Janet Napolitano implemented… Continue Reading
New Remedies Under ERISA for Employees Harmed by Misinformation
Posted in Benefits, LitigationEmployers providing employees with benefits subject to ERISA have a duty to provide accurate benefit information to employees. As with many areas of ERISA, the definition of “inaccurate” information and the consequences to employers for providing inaccurate information has been unclear. The United States Supreme Court addressed this gray area of ERISA in CIGNA Corp…. Continue Reading
Which Employers Will Be Responsible For Health Coverage In 2014?
Posted in Benefits, LegislationThe new health care law, otherwise known as the Patient Protection and Affordable Care Act (PPACA), requires that, beginning after December 31, 2013, “applicable large employers” must provide affordable health coverage to their full-time employees. Failure to do so may subject these employers to a shared responsibility payment, or an “assessable payment,” pursuant to Internal… Continue Reading
UK Employment Law Update: The Legal Development of Discretionary Bonuses
Posted in BenefitsIn the current economic climate, employee bonuses are regularly hitting the headlines. This article provides a useful recap on some of the legal issues surrounding bonuses and looks at the more recent decisions in this area. How much discretion do employers really have? It depends. The first place to look is the contract of employment…. Continue Reading
A New Definition of “Fiduciary” Under ERISA Expands Liability For Providing Employee Benefit Plan Investment Advice
Posted in BenefitsThe Department of Labor (DOL) has recently published proposed regulations under the Employee Retirement Income Security Act (ERISA) to expand the definition of who is a fiduciary with respect to employee benefit plan investment advice. Service providers will bear the immediate costs of these new regulations through compliance efforts and the need to purchase fiduciary… Continue Reading