Tag Archives: health insurance

Don’t Be Snake Bit. Make Sure the COBRA Notices You Use Are Correct.

Ver la versión en español aquí Using a vendor for your COBRA compliance does not mean you are safe from claims. The employer bears ultimate responsibility for complying with COBRA. It appears that Pepsico and Lockheed may be about to learn this lesson.  Both were sued recently in Hillsborough County for failure to send proper … Continue Reading

Dave & Buster’s Settlement – Busted! But Not So Fast….

Ver la versión en español aquí The Dave & Buster’s restaurant chain recently settled a class action lawsuit claiming it violated ERISA’s “discrimination” rules by reducing hours of various employees to cause them to lose eligibility for the company’s group health plan. After over three years of litigation in the Southern District of New York … Continue Reading

Nothing to Sneeze at: Chemical Sensitivities, Bed Bugs, Zika and Flu Shots

Ver la versión en español aquí I recently spoke at the SHRM 2018 Annual Conference & Exposition in Chicago. My topic was  “Health Issues are Nothing to Sneeze at: Chemical Sensitivities, Bed Bugs, Zika and Flu Shots.” SHRM had over 18,000 attendees. It was a great opportunity to discuss some of the legal issues employers face when … Continue Reading

Covering Summer Interns Under Your Employee Benefit Plans – You Can’t Just Forget About Them

Ver la versión en español aquí It is prime time of the year for hiring “interns.” They usually are high school, college or even graduate students looking for work experience. Certain interns may be unpaid (the analysis of whether interns must be paid is an important issue but beyond the scope of this blog post). … Continue Reading

Morale Makes Money: How Starbucks Raised the Bar(ista)… Again

Ver la versión en español aquí Last week, the CEO of Starbucks, Kevin Johnson, announced the ‘Partner and Family Sick Time’ benefits for all of Starbucks’ U.S. employees. Starbucks is giving employees a number of additional perks, including increased wages, stock grants, six-week paid parental leave for non-birth giving parents and five days of paid … Continue Reading

What’s in YOUR COBRA Notice? Insufficiencies Could Drain Your Wallet

Ver la versión en español aquí SunTrust Banks learned an expensive lesson about COBRA compliance recently. It was sued for failure to send proper COBRA election notices after employees terminated employment. SunTrust’s agent for COBRA notice purposes, Xerox HR Solutions, actually sent timely COBRA notices to the former employees.  But two former employees/plaintiffs claimed that … Continue Reading

New Law Widens Insurance Options for Eligible Small Employers

Ver la versión en español aquí A new law passed by Congress reinstates the ability of eligible small employers to reimburse employee paid premiums to purchase individual health insurance policies. The law reverses the application of huge penalties that would have applied to such reimbursement actions under the IRS’ interpretation of the Affordable Care Act. … Continue Reading

Don’t Forget About ACA Compliance with Staffing Firm Service Agreements

Ver la versión en español aquí  Applicable large employers – those with 50+ full-time employees (ALEs) – under the Affordable Care Act (ACA) must satisfy the law’s “employer mandate,” meaning that they may be assessed penalties for: Failing to offer minimum essential coverage to full-time employees and their dependents Offering eligible employer-sponsored coverage that is … Continue Reading

No Good Deed Goes Unpunished – Improper Extension of Benefits After Termination of Employment

Ver la versión en español aquí You’ve always treated your employees fairly, even when the relationship doesn’t work out and you have to let the employee go or when you’ve had to terminate employees due to downsizing. Often, you agree to continue the employee’s benefits for a few months during a severance period. You know … Continue Reading

Let My People Go (to the Marketplace)

Ver la versión en español aquí Earlier this year, the IRS announced that employers are permitted to allow employees to drop coverage under the employer’s fiscal year group health plan and sign up for marketplace coverage. The employer may do this based on the employee’s “reasonable representation” that he or she (and family members) have … Continue Reading
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