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The Department of Labor (“DOL”) has issued Field Assistance Bulletin (“FAB”) 2020-7 to provide guidance on when, as a matter of enforcement policy, it will consider the electronic posting of the General FMLA Notice to be in compliance with the law. FMLA...
View Printable PDF Given the chaos of 2020, many ushered in the new year with open arms. The pandemic, remote work and changing needs have created unique and novel challenges that have necessarily dominated employer attention in the past nine months. The pandemic...
By Barry Salkin and Mark Poerio Section 162(m) of the Internal Revenue Code (“Code”) denies a deduction to a publicly held corporation for remuneration paid to a covered employee in any taxable year that exceeds $1,000,000. The Tax Cut and Jobs Act of 2017 (“TCJA”)...
In Pharmaceutical Care Management Association v. Rutledge, the U.S. Supreme Court has held that ERISA does not preempt an Arkansas statute that imposes rules on pharmacy benefits managers (“PBMs”). Facts. In 2015, Arkansas enacted legislation that prevents pharmacies...
On December 16, 2020, the Equal Employment Opportunity Commission (the “EEOC”) updated and expanded its technical assistance publication by adding a new section about how required COVID-19 vaccinations interact with federal law, and how the vaccinations interact with...
The Department of Labor, Department of Health and Human Services, and the IRS (collectively, the “Agencies”) have issued final regulations providing greater flexibility to plan sponsors that wish to retain their group health plans’ “grandfathered” status under the...
View Printable PDF By Susan Rees and Seth Gaudreau After years of public commentary, the Internal Revenue Service (IRS) addresses, for the first time, whether a plan should withhold income tax when making a transfer of a participant’s accrued benefit to a State...
The IRS has issued FAQs to help employers determine the amount of “qualified health plan expenses” for purposes of determining their tax credit under the Families First Coronavirus Response Act (“FFCRA”). Law. The FFCRA requires employers to provide paid sick leave...
Facts. The IRS released Information Letter 2020-0024 in response to an inquiry it received from a qualified transportation plan participant with unused transit benefits due to COIVD-19. In particular, the participant explained that due to the COVID-19 pandemic he was...