Compliance & Policy

Compliance & Policy
Legal/Compliance Roundup - July 2023
Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources.
July 28, 2023
Compliance & Policy
2022 EEO-1 Submissions Open October 31st, 2023
The Filer Support Message Center, which is a help desk that provides support and assistance to help people submit filings online, will open on Halloween as well.
September 25, 2023
Compliance & Policy
5 Steps to Evaluate Your ERISA Liability
In the wake of a lawsuit against Johnson & Johnson (J&J) for alleged breach of fiduciary duty in their benefits planning, employers nationally are reassessing their own vulnerabilities. This case, which accuses both the benefits planning committee and individual HR leaders of overpaying on pharmacy costs, has sent ripples through the corporate world, highlighting the potential for similar legal challenges.
February 18, 2024
Compliance & Policy
ACA Affordability Threshold Lowered In 2024
In 2024, the income-to-affordability threshold above which health coverage will be considered unaffordable will be decreased from 9.12% of the employee's annual income to 8.39%.
September 15, 2023
Compliance & Policy
CMS Extends Vaccination Deadline for Healthcare Workers in 25 States
The Centers for Medicare and Medicaid Services (CMS) has extended the deadline for healthcare workers in 25 states to get vaccinated against COVID-19 to May 30, 2022. The extension was made due to the ongoing legal challenge by healthcare workers and others who oppose the vaccine mandate.
Author:
Abbey Dean
December 16, 2022
Compliance & Policy
Cybersecurity Threats to Dramatically Increase in 2023
According to research from Coalition Inc., there will be a substantial increase in the amount of publicly disclosed cybersecurity vulnerabilities within the next year.
February 3, 2023
Compliance & Policy
Department of Labor Clarifies Breaks and Leave Regulation for Remote Workers
Last month, the Department of Labor issued a field bulletin to ...
Author:
Abbey Dean
March 2, 2023
Compliance & Policy
Department of Labor Launches Power to Pump Campaign
The US Department of Labor announced a new nationwide campaign to increase awareness about the challenges faced by nursing workers in trying to express breast milk during work hours. 
August 18, 2023
Compliance & Policy
Emergency Savings Accounts and Mandatory 401k Plans Coming In 2024
More than 4 in 10 employees expressed their desire to be automatically enrolled in an emergency savings program through their employer, although only about 10% of companies offered emergency savings funds as of the most recent data available.
November 14, 2023
Compliance & Policy
Employers Rejecting Job Applicants Due to Credit Reports Must Provide Credit Rating Agency Info
This newly enacted rule from the Consumer Financial Protection Board increases disclosure requirements for employers who reject job applicants after obtaining their credit reports.
May 25, 2023
Compliance & Policy
Enhanced Telehealth Access Hangs In The Balance For Employees with HSAs & High Deductible Plans
Telehealth has become a fixture of modern medical interaction, but some of the rules and pandemic-related exceptions that made telehealth feasible and ubiquitous are set to expire barring additional legislative intervention.
April 14, 2023
Compliance & Policy
FMLA Violations and Back Wages Were Way Down in 2022
Family and Medical Leave Act complaints and the the total amount of back wages owed by companies as a result both appear to be on a downward trajectory, with a signifiant drop last year.
March 30, 2023
Compliance & Policy
HR’s and CFO’s Growing Role in ESG
Companies are reporting their ESG performance in a range of ways, reflecting the increasing importance of ESG factors in investment decisions and corporate decision-making. These reporting practices aim to provide greater transparency and accountability for companies' ESG performance, which is increasingly important for investors and other stakeholders.
Compliance & Policy
How Does Workers’ Comp Coverage Benefit Small Businesses & Their Employees?
Worker's compensation insurance provides a significant number of benefits to both employers and their workers, beyond what many realize.
May 26, 2023
Compliance & Policy
How To Determine If A Worker Qualifies As An Employee Or Independent Contractor
The Internal Revenue Service recently clarified the primary factors that determine whether a worker should be classified as an employee or as an independent contractor. 
November 30, 2023
Compliance & Policy
How to Protect Your Business From Employment Practices Liability
Given the amplification powers of the internet and social media, employment practices liability is becoming more important than ever, but coverage alone isn't sufficient to minimize exposure without also implementing best practices and optimizing the effectiveness of your internal policies on professional conduct.
March 27, 2023
Compliance & Policy
I-9 Employment Eligibility Grace Period Ending Next Month With Updated Compliance Forms Due In August
Employers who have verified job applicants' employment eligibility via virtual platforms during the pandemic must complete in-person verification by August 30, 2023.
May 24, 2023
Compliance & Policy
IRS Lowers Electronic Filing Threshold Starting Next Year
The IRS has issued a few new rules and clarifications, including that beginning in 2024 all employers submitting 10 or more forms must file electronically.
Compliance & Policy
IRS Releases New HSAs HDHPs Contribution Caps for 2024
Health savings account contribution limits rose by a little more than 7%, while high deductible health plan deductibles and out-of-pocket caps went up a little less than 7% and a little more than 7%, respectively.
May 23, 2023
Compliance & Policy
Insurance AI Is Going To Court
UnitedHealth is facing a potential class action lawsuit alleging their usage of an artificial intelligence programs that denies claims on faulty grounds has resulted in multiple deaths.
November 21, 2023
Compliance & Policy
J&J HR Leader Sued Personally for Violating Fiduciary Liability
A recent lawsuit against Johnson & Johnson brings to light uncharted legal territory concerning employer fiduciary duties related to employee health plans. Alleging overpayment for prescription drugs, this class action suit not only challenges Johnson & Johnson but also targets individual members of its Planning & Benefits Committee. This landmark case raises important questions about the scope of fiduciary duty under ERISA, extending beyond retirement benefits to encompass employee health plans.
February 9, 2024
Compliance & Policy
Legal/Compliance Roundup - April 2023
Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources.
April 28, 2023
Compliance & Policy
Legal/Compliance Roundup - April 2024
‍Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources. 
April 26, 2024
Compliance & Policy
Legal/Compliance Roundup - August 2023
Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources. 
August 31, 2023
Compliance & Policy
Legal/Compliance Roundup - December 2023
Each month, Mployer collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources. 
December 29, 2023
Compliance & Policy
Legal/Compliance Roundup - February 2024
Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources. 
February 29, 2024
Compliance & Policy
Legal/Compliance Roundup - January 2024
‍Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources.
January 26, 2024
Compliance & Policy
Legal/Compliance Roundup - June 2023
Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources.
June 30, 2023
Compliance & Policy
Legal/Compliance Roundup - March 2024
Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources.
March 29, 2024
Compliance & Policy
Legal/Compliance Roundup - May 2023
Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources. ‍
May 30, 2023
Compliance & Policy
Legal/Compliance Roundup - November 2023
‍Each month, Mployer collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources. 
November 29, 2023
Compliance & Policy
Legal/Compliance Roundup - October 2023
Each month, Mployer collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources.
October 29, 2023
Compliance & Policy
Legal/Compliance Roundup - September 2023
Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources. 
September 30, 2023
Compliance & Policy
Legal/Compliance Roundup: March 2023
Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources.
March 31, 2023
Compliance & Policy
Minimum Salary Thresholds Increasing For Overtime and Minimum Wage Exemptions
A new rule that was recently proposed by the DOL would increase the minimum salary thresholds above which employees can be exempted from minimum wage and overtime laws. 
September 7, 2023
Compliance & Policy
Minnesota Creates New PFML Coverage Statewide
Paid Family & Medical Leave rights were just signed into law in the land of 10,000 lakes.
June 6, 2023
Compliance & Policy
Momentum for Mandatory Paid Family & Medical Leave Continues To Build
Minnesota has become the 12th state (including Washington DC) to enact mandated paid family and medical leave, and Maine appears to be close behind. 
July 18, 2023
Compliance & Policy
NLRB Ruling Invalidates Severance Agreements That Restrict Worker Rights
The National Labor Relations Board has clarified a decision it made last month that favors employee rights over employee considerations in severance agreements and can even be applied retroactively.
March 29, 2023
Compliance & Policy
National Labor Relations Board Reinstates Rules Re: Profanity on the Job
This latest ruling from the NLRB returns greater leeway to employees who may undertake some abusive behavior or speech in the heat of the moment during otherwise protected activity.
May 8, 2023
Compliance & Policy
New FLSA Minimum Wage Poster
The Department of Labor has released its latest Fair Labor Standards Act poster which includes a couple relevant updates.
May 22, 2023
Compliance & Policy
New Legal Battle Highlights Common Misconception About Cybersecurity Coverage
Obtaining and renewing cybersecurity insurance may not always be as simple as submitting all the necessary paperwork.
June 2, 2023
Compliance & Policy
New OSHA Injury & Illness Reporting Requirements
A new rule from the Department of Labor requires employers in industries with high hazard rates to provide OSHA with injury and illness data directly via electronic submission beginning on January 1, 2024.
August 1, 2023
Compliance & Policy
New Regulations Coming In Support of Mental Health Parity and Addiction Equity Act
In the final week of July, a joint effort between the Treasury Department, Department of Labor, and Department of Health and Human Services produced some analysis and guidance to help companies comply with the MHPAEA.
August 14, 2023
Compliance & Policy
New Regulations For Workplace Psychological Abuse May Be On The Way
New model legislation seems poised to set a new standard for how employees and employers report, manage, and prevent psychological abuse at work.
November 28, 2023
Compliance & Policy
New Safety And Reporting Regulations Now In Effect In The New Year
Several changes to Federal Law including updated mileage reimbursement rates and workplace safety standards took effect January 1st, 2024.
January 2, 2024
Compliance & Policy
OSHA Wants Your Input To Craft New Heat Exposure Safety Standards
The Occupational Safety and Health Administration is hosting panel meetings this summer to gather insight from willing small businesses and their representatives about how to best craft new standards to minimize heat-related illness and injury in the workplace.
June 23, 2023
Compliance & Policy
Pennsylvania Company Faces Class Action Lawsuit For Failing to Make Required Employee Benefit Contributions
A judge has ruled that a class action suit may proceed in this case, allowing a small number of defendants to represent all the other victims of the same illegal practices that are alleged in the lawsuit, which significantly increases the scale of potential damages that the company faces should the employee plaintiffs prevail.
June 15, 2023
Compliance & Policy
Pre-Tax Deduction Primer
Provide tangible benefits to your employees directly and reduce your company's overall tax burden all at the same time.
May 10, 2023
Compliance & Policy
Supreme Court Rules Overtime Pay Owed to Employees Paid Via Daily Rate
Last week, in the case of Navy Yard Hospitality Corp v. NLRB, the Supreme Court ruled that employees who are paid a daily rate for their work are owed overtime pay when their work exceeds 40 hours in a given week.
Author:
Abbey Dean
March 2, 2023
Compliance & Policy
Supreme Court Updates Employer Religious Accommodation Standard
The Supreme Court has released a decision that will make it significantly more difficult for employers to deny employee requests for religious accommodation. 
August 7, 2023
Compliance & Policy
Tax Time: Key Employee Reminders
Tis the season for tax returns. We are about 30 days away from the perennial IRS due date. More than half of individuals file their annual federal income tax returns before April 1st, with the majority of the remaining filers submitting during the first two weeks of April, while approximately 5%request an extension to file until October 15th, according to a Tax Attorney Dail study in 2019. According to IRS data, roughly 10% of individuals do not file their taxes, though it's possible that the actual number is even higher. Despite the sheer number of non-filers, some may evade detection, but with modern technology, it is becoming increasingly challenging to remain undetected by the IRS indefinitely.
March 16, 2023
Compliance & Policy
The Best Ways To Avoid ERISA Lawsuits
There are a number of different strategies that employers, human resources professionals, and plan administrators may wish to consider adopting in order to maintain above-board benefits management and avoid ERISA complaints as well as the accompanying legal expenses.
July 25, 2023
Compliance & Policy
The Departments of Labor and Health & Human Services Team Up To Combat Child Labor
Federal agencies are joining forces to crack down on child labor violations across the US.
March 31, 2023
Compliance & Policy
U.S. Supreme Court Rules to Block OSHA's Vaccine Mandate
On January 13, 2022, the U.S. Supreme Court ruled to block the Biden administration’s Occupational Safety and Health Administration (OSHA) vaccine mandate that targeted large employers.
Author:
Abbey Dean
December 16, 2022
Compliance & Policy
US Equal Employment Opportunity Commission Requires New Form Submissions For Companies Who Meet These Criteria
Companies that meet any of the following conditions must begin filing EE01 reports beginning this summer.
April 6, 2023
Compliance & Policy
Universal Paid Sick Leave Is Overdue
When implemented at the federal level, universal paid sick leave can reap far-reaching benefits that go well-beyond employers and their employees.
May 16, 2023
Compliance & Policy
Updated I-9 Forms Now Available
On August 1st, the US Citizenship and Immigration Services released an updated Form I-9, which includes some substantial changes to structure, format, and submission procedures and options.
August 9, 2023
Compliance & Policy
What Does The End of the Public Health Emergency Mean for Employee Benefits Plans?
With many special, pandemic-related rules and rules exceptions now having come to an end, it's a good time to make sure your compliance policies are up to date.
April 25, 2023
Compliance & Policy
What Does Workers’ Compensation NOT Cover
While workers' compensation insurance typically has a pretty wide scope of coverage, there are more than a few exceptions and carve-outs that have caused interested parties to believe that certain events or circumstances would be covered when if fact they were not.
May 23, 2023
Compliance & Policy
What Obligations Do Employers Owe Job Applicants?
A new issuance from the Consumer Financial Protection Bureau updates some of the rights job applicants can enforce on would-be employers.
April 3, 2023
Compliance & Policy
Who Is Responsible When A Company Can’t Make Payroll?
Employers are required by law to meet certain standards when it comes to payroll timing and regularity, and the liability for failing to do so can extend even to company officers and investors in some cases.
March 23, 2023
Compliance & Policy
Who’s Watching The AI Watchmen in The Insurance Industry?
The guidelines for how artificial insurance will operate in the insurance space in the future are being written now.
April 21, 2023
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