News

"Alaska lawmakers are considering Senate Bill 88 legislation to reinstate pensions for the state’s public workers.... [T]he bill’s 30-year cost could exceed $9 billion, but there is little evidence to conclude that it would counteract national and state-level trends in increased employee turnover."

"If the entity administering the HSA is not a local financial institution, then the governing documents for the HSA, but not those of the HDHP, would need to be filed with Hacienda to obtain an administrative determination confirming that, both in its terms and operation, the HSA meets the requirements of PRIRC Section 1081.04.... [The] local limits are comparable to the U.S. 2012 limits. Since the limits are established by PRIRC Section 1081.04, rather than through Hacienda's administrative guidance, and are not indexed for inflation, Hacienda cannot approve a higher limit."

18 slides. "Payroll tax begins July 2024. Contributions will be shared 50/50 by employers and employees.... Benefits begin July 2026 ... Employers with fewer than 15 employees are exempt from contributions; employees are required to contribute."

"Effective July 1, 2024, [the Oregon Family Leave Act (OFLA)] will no longer cover family leave (aka parental bonding leave), or serious health condition leave for an employee or their family member.... In situations where an eligible employee would be entitled to OFLA leave on June 30, 2024, but will no longer be entitled to OFLA leave on July 1, 2024, employers must, as soon as practicable but no later than June 1, 2024, notify the employee in writing that the leave will not be protected by OFLA on and after July 1, 2024."

"On May 6, 2024, the Connecticut General Assembly expanded its 2012 landmark legislation that required private-sector employers with fifty or more employees to provide paid sick time to all 'service workers.'  ... Public Act No. 24-8 expands the availability of paid sick time to nearly every employee in Connecticut by 2027." [Article includes a side-by-side comparison of current law and the expansion.]

" SB 135 provides that an employer that does not offer a qualified retirement plan would be required to facilitate participation of its employees in the program. Eligible employees would be automatically enrolled in the program and make payroll deductions to an individual retirement savings account. They could opt out ... [A]ny person who earns compensation in Alaska would be eligible to voluntarily enroll in the program."

"Given the legal challenges to the FTC's rule, employers should know New York City's recent proposed challenge to using noncompete agreements, Bill 140 , is more onerous to employers than the FTC rule.... If passed, Bill 140 will be retroactive and require employers to affirmatively 'rescind' any noncompete by the date the law goes into effect."

"Connecticut's paid sick leave law currently applies to employers who employ at least 50 individuals in the State of Connecticut. That threshold will be lowered beginning on the effective date of the new law (expected to be Jan. 1, 2025) and will reduce annually until Jan. 1, 2027, at which time it will apply to employers with one or more employees in the State of Connecticut.... Beginning on Jan. 1, 2025, the 'service worker' concept will be removed from the law entirely, and covered employers will be required to provide paid sick leave to all employees, with limited exceptions[.]"

"[California SB 1120] would require algorithms, AI and other software tools used for utilization review to comply with specified requirements.... SB 1120 largely aligns with requirements applicable to Medicare Advantage plans ... Georgia's House Bill 887 would prohibit payors from making coverage determinations solely based on results from the use or application of AI tools.... New York, Oklahoma and Pennsylvania have bills ... requiring payors to disclose to providers and enrollees if they use or do not use AI in connection with utilization review."

"Before the pandemic, 10 states and the District of Columbia had laws requiring employers to provide paid sick leave. Since then, [5 more states] have passed laws offering some kind of paid time off for illness.... In [3 more states], advocates are pushing to put the issue on the ballot this fall.... According to a report by the National Bureau of Economic Research, once these mandates go into effect, employees take, on average, two more sick days a year than before a law took effect."

"After July 31, 2025, employees who need time off to manage care or isolate for COVID-19 will need to use existing paid leave regimes, including New York State's Paid Sick Leave and New York City's Earned Sick and Safe Time."

"Effective January 1, 2025, New York employers will be required to provide paid prenatal leave to eligible employees during their pregnancies.... Key steps for employers include: [1] Updating employee handbooks and leave policies ... [2] Training managers and HR staff ... [and] [3] Ensuring payroll systems are configured to properly administer prenatal leave pay[.]"

"[T]his cap will apply to 'health care entities,' which include providers such as hospitals, facilities, outpatient clinics, large physician groups and clinical laboratories, payors and fully integrated delivery systems.... [T]he cost target for 2025 is non-enforceable. For years 2026 and after, however, OHCA will have the authority to take enforcement action against health care entities that exceed the boundary of the target."

"Last year, the General Assembly passed an amendment to the law that, among other things, delayed collection of contributions and benefit payments for a year. Jackson Lewis detailed that amendment's notable changes. During the latest legislative session, lawmakers passed SB485, making additional modifications and setting new dates for contributions and benefits under the Program."

"Retirement plans in operation in Puerto Rico can impose a statute of limitations for the filing of ERISA claims for benefits that is substantially shorter than the four-year period that would apply absent such a plan-imposed period. However, to be valid and enforceable the plan-imposed period must be: [1] Reasonable, [2] Incorporated within the official plan documents, and [3] Disclosed in the notification of benefit determination that the claims administrator issues to the claimant as part of the internal review process under ERISA Section 503."

"Contributions ... are set to begin July 1, 2025. Starting July 1, 2026, covered employees may take up to 12 weeks of leave in a rolling 12-month period, with another 12 weeks possible for employees who experience a serious health condition and need to bond with a new child.... Covered employers must participate in the state program or comply with an approved private plan (insured, self-insured, or a combination)."

"The final regulations affirm a broad carveout for existing policies that provide 40 hours of paid leave (or a prorated equivalent) to be used for any reason. They also confirm that setting a carryover cap for the paid leave bank is permitted."

"The final rules confirm that carryover of unused Paid Sick Leave is required, even when frontloading. They also address the circumstances under which employers can deny an employee's request for Paid Leave. The rules do not provide any direction to employers as to how to calculate the 90-day lookback rate of pay contemplated by the Ordinance for certain non-exempt employees."

"Today, 19 states have active state-run retirement programs. Most programs have mandates requiring businesses to enroll employees in the state-run program or provide their own privately run 401(k) plan; a few states have voluntary programs or marketplaces.... Here's what you need to know about state retirement programs and 2024 deadlines."

"Unique substantive requirements, regular amendments to the Ordinance, Rules and administrative guidance, and proactive enforcement have been hallmarks of the mandate since it went into effect in April 2014."

"[B]eginning January 1, 2025, private employers will be required to provide employees with 20 hours of paid prenatal leave in a 52-week calendar period ... Hitting the stage sooner, however, is the new requirement that both public and private employers provide 30 minute paid breast milk expression breaks for nursing employees, which goes into effect June 19, 2024."

"Under the program, 'covered employers' must give 'covered employees' the opportunity to contribute a portion of their pay to an individual retirement account ('IRA') on a pre-tax basis in order to save for retirement.... The program will be launched by July 1, 2027."

"[E]mployers will be required to provide up to twenty hours of 'paid prenatal personal leave' a year beginning on January 1, 2025.... A separate budget law ... makes further adjustments to New York's lactation and breastfeeding accommodation requirements. As of June 19, 2024, covered employers will be required to provide paid thirty-minute breaks for employees who need to express breast milk for a nursing child."

"This is the first law of its kind in the United States as it provides a separate bank of paid, protected leave for pregnant employees for prenatal care above and beyond existing paid leave entitlements."

"New York has become the first state in the nation to mandate paid prenatal leave for pregnant employees.... [E]ligible pregnant employees are entitled to 20 hours of paid leave within a 52-week calendar period to attend appointments for prenatal care, including physical exams, monitoring and testing, and discussions with health care providers. This benefit is in addition to state sick leave or paid leave under the NY PFL."