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Grab Your Popcorn - Legal Challenges Begin for New Overtime Rules

The effective date to the Department of Labor’s (DOL) new overtime regulations is set to take effect on December 1st, raising the salary level to qualify for certain white collar overtime exemptions from $455 per week to $913 per week. But, as expected, this ruling has not come without its challenges. 

 

Topics: HR / Employee Benefits

Will a SPD Posted on Our Company’s Intranet Satisfy ERISA’s Requirements?

Summary Plan Descriptions (SPDs) are often one of the most overlooked compliance issues that can produce hefty fines. The Department of Labor (DOL) requires that SPDs be provided in a manner “reasonably calculated to ensure actual receipt” of the material by the participant, but what methods are included?

10 Myths Surrounding the New Worker Misclassification Guidelines


Recently the Department of Labor (DOL) published guidelines on continuing hot topic worker misclassification issues. Many myths and facts have been misconstrued over these new guidelines causing quite a bit of confusion for employers. Here's 10 myths surrounding the new worker misclassifcation guidelines debunked. 

 

The Impact of the New OSHA Rules

In May, OSHA announced its Electronic Recordkeeping Rule. The effective date of the rule was supposed to be August 10, 2016, but has been delayed. Why? Because on July 8, eight Texas employer groups, including the National Association of Manufacturers, filed suit against OSHA attempting to abolish the rule by requesting an injunction blocking its implementation or at least as the rule would apply to employer safety incentive programs and mandatory post-incident drug testing. Given that the case is still working its way through the court system, OSHA had no choice but to extend the rule’s effective date from August 10, 2016, to November 1, 2016. Further delays may still be on the horizon.

Medicare Part D Notices Due October 14th

All employers sponsoring group health plans that include prescription drug coverage are required to notify all Medicare-eligible individuals whether such coverage is creditable. There is no minimum number of employees required to trigger this notice; it applies to all employers who sponsor group health plans. As a reminder, Medicare Part D notices have to be distributed by October 14th. Here's what you need to know to be ready.

 

2016 1094-C and 1095-C Forms and Draft Instructions Have Been Released

I am sure you all have been eagerly awaiting the issuance of the 2016 Affordable Care Act (ACA) forms (1094-C & 1095-C) and draft instructions. Under the ACA, Applicable Large Employers (ALEs) will complete and file these forms in early 2017 (don’t assume the deadline will be extended again this year) to report to the IRS coverage offers, including self-insured coverage, extended during 2016. 

 

Is Your Website Accessible For Users With Visual Disabilities? If Not, You Could Get Sued.

Employers are getting sued under the Americans with Disabilities Act (ADA) because their websites are not accessible for individuals with visual disabilities. Even though the deadline for creating accessibility standards under the ADA has been pushed back to 2018, private businesses are now at risk if they have not yet taken measures to ensure that their websites can be accessed by everyone. 

 

5 Goals for Form 5500 Reporting


On July 21, 2016, the Department of Labor (DOL), the Internal Revenue Service (IRS), and the Pension Benefit Guaranty Corporation (PBGC) published in the Federal Register a Notice of Proposed Forms Revisions to the Form 5500 Annual Return/Report Series. A Notice of Proposed Rulemaking to suggest updates to the DOL’s reporting regulations to implement the proposed forms revisions was also published on July 21, 2016. The changes are generally targeted to take effect with 2019 plan year filings, although some may be implemented earlier or later. These updates bring forth numerous issues and additional obligations for employers.