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Untangling Complex Leave Issues - Part I
November 19, 2018 WEBCAST
Ogletree Deakins

Tips to Maximize your Health Savings
December 18, 2018 WEBCAST
HealthEquity

Legislative Update & Discussion
December 20, 2018 WEBCAST
HealthEquity

?See 67 Upcoming Webcasts and Conferences

?See 1433 Recorded Webcasts

New Topics on the BenefitsLink Message Boards

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IRS Notice 2018-89: Leave-Based Donation Programs (PDF)

"In response to the extreme need for charitable relief for victims of Hurricane Michael, employers may have adopted or may be considering adopting leave-based donation programs.... The [IRS] will not assert that cash payments an employer makes to Section 170(c) organizations in exchange for vacation, sick, or personal leave that its employees elect to forgo constitute gross income or wages of the employees if the payments are: [1] made to the Section 170(c) organizations for the relief of victims of Hurricane Michael; and [2] paid to the Section 170(c) organizations before January 1, 2020. Similarly, the Service will not assert that the opportunity to make such an election results in constructive receipt of gross income or wages for employees."
Internal Revenue Service [IRS]

Health Savings Accounts (HSAs): Compliance Obligations Under the Internal Revenue Code and ERISA

Nov. 28 webinar. Although HSAs have numerous tax advantages, it is easy to inadvertently fail to satisfy the requirements. This webinar will help health plan administrators navigate this sometimes treacherous terrain. BenefitsLink discount .

Appeals Court Blocks Austin's Paid Sick Leave Ordinance

"The Austin-based 3rd Court of Appeals declared [that] the ordinance is preempted by the state's minimum wage law.... [A] three-judge panel ordered a ... temporary injunction against the ordinance.... [T]he ordinance is the first of its kind in Texas. It requires most employers to offer eight days of earned sick leave for a year of work, or six days for employees of businesses with fewer than 15 employees." [ Texas Ass'n of Business, et al. v. City of Austin , No. 3-18-00445-CV (Tex. 3d App. Nov. 16, 2018)]
The Texas Tribune

District Court: Failure to Promote is Viable Basis for FMLA Discrimination Claim

"[T]he court found that the plaintiff's complaint to the employer about the use of sick leave was a protected activity under FMLA and that the denial of promotion was a resulting adverse employment action taken by the employer. In particular, the court explained that there was ample evidence that the employer's admitted reason for not promoting the plaintiff was his complaint about not being allowed to use sick leave." [ Browett v. City of Reno , No. 16-181 (D. Nev. July 24, 2018)]
The Wagner Law Group

HR's Assurances Before Employee's One-Year Anniversary May Give Rise to FMLA Claim

"What if human resources (HR) tells an employee to take leave before he or she is eligible, not to worry about his or her job, and that it would approve the FMLA leave? The U.S. District Court for the Eastern District of Wisconsin recently confirmed that HR assurances like these can give rise to a viable FMLA interference claim, even before an employee is eligible for leave." [ Reif v. Assisted Living by Hillcrest LLC , No. 18-884 (E.D. Wisc. Nov. 6, 2018)]
Ogletree Deakins

Common Issues for Multinational Employers When Implementing Leave Policies

"[1] Retaining discretion regarding how much leave to provide.... [2] Ambiguity regarding the interplay with local social security or government-provided leave.... [3] Ambiguity regarding the interplay with local prenatal leave requirements.... [4] Calculation of leave pay.... [5] Local language requirements." Ogletree Deakins

For over 20 years, we've helped employers find the best-informed candidates to fill their benefits job openings -- learn more!

Structured Properly, New Association Health Plans Allow Small Employers to Offer Affordable Benefits

"[This article,] after providing some background on AHPs, will discuss whether these new AHPs will provide more choice, access, and coverage, and whether they will achieve the DOL's goal to "promote broader availability of group health coverage for these small business owners and self-employed people, and help alleviate their problems of limited or non-existent affordable healthcare options." Wolters Kluwer; free registration required

IRS Updates Health and Fringe Benefit Plan Limits

"The IRS has updated various health and fringe benefit plan limits for 2019. A comparison of the 2019 and 2018 limits is listed [in a chart]." Kilpatrick Townsend

Employer Health Benefit Costs Predicted to Be Lower in 2019

"Health care insurers and pharmacy benefits managers report that the rate of increase for prescription drug costs (including price and utilization) are coming down by 1% overall for each group. Based on these indications, employers may expect to see their costs for prescription drugs going up, however they will be going up at a lower rate than was projected six months ago ... Now, according to health insurers, the increase in prescription costs is projected at 10% (vs. 11% six months ago)." PLANSPONSOR

State Law Claims Over Fraudulent Payment of Life Insurance Benefits Were Not Preempted by ERISA

"Plaintiff Flinn alleged that his deceased wife's sister, an attorney, forged a power of attorney on this behalf to get Minnesota Life to send payment of life insurance benefits to her rather than to him.... The court ... explained that the gravamen of Flinn's complaint is that the Insurers violated their state law obligation to ensure that he, or his true legal representative, received his benefit check. The court determined that his claims do not depend on the terms of the life insurance plan or benefits law generally but on state laws and federal statutes (other than ERISA). As such, they are not completely preempted by ERISA." [ Flinn v. Minnesota Life Insurance Company , No. 18-10868 (D. Mass. Nov. 14, 2018)
Kantor & Kantor

Michigan High Court to Rule on Changes to Retiree Health Benefits

"In oral arguments Nov. 19, retirees will ask the state's highest court to stand apart from federal courts that have found retiree health benefits can be changed or cut in the absence of "vesting language" in a labor contract. In the other corner are Michigan towns, cities, counties, and the state bar, which argue federal rules favoring governments should apply in Michigan as well. The ruling could greatly affect how tightly Michigan's 1,800 local governments will be held to roughly $10.13 billion in unfunded liabilities for retiree health-care benefits. A July 2017 state report found those liabilities exceeded by nearly $3 billion the local unfunded pension liabilities." Bloomberg BNA

DOJ Antitrust Litigation May Signal Risks for Health Plans Using Managed Care Contracts with Anti-Steering Provisions

"Self-insured employer and union sponsored health plans, health insurers and other health care payers ... [and] others structuring or working with preferred provider or other managed health care contracts should weigh the potential implications on their health plan provider agreements and managed care practices of the antitrust lawsuit jointly brought by ... against North Carolina's largest healthcare system ... which challenges steering restrictions and other contractual protections of [Atrium Health] against competition from other contracted health care providers." Solutions Law Press

Trump Proposes a New Way Around Birth Control Mandate: Religious Exemptions and Title X

"The Trump administration is making it easier for employers to exclude birth control from health insurance benefits provided under the [ACA], and it has come up with a new justification, saying that female employees can obtain contraceptives at family planning clinics for low-income people. That, in turn, could increase demand for clinic services, which are already squeezed. The plan is one of several recent proposals that could affect access to birth control, such as requiring the physical separation of services at clinics and strict new rules about insurance payments." The New York Times; subscription may be required

Understanding the 25% Concentration Test for Cafeteria Plans

Assume small employer is not required to offer health insurance. But if it provides health insurance anyway, can it require the employees to pay, say, 25%, but pay all of the owner's premium, presumably outside a cafeteria plan? Would the answer be different for a large employer over 50 employees? BenefitsLink Message Boards

Press Releases

National Business Group on Health Launches Major Initiative to Address Workplace Leave Challenges National Business Group on Health [NBGH]

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Most Popular Items in the Previous Issue

IRS Announces Benefit Plan Limits for 2019 (PDF) Lockton

Administration's Health Reimbursement Arrangement Proposal Is Welcome Step but Leaves Questions Unanswered Groom Law Group, via Bloomberg BNA

IRS Updates Health and Welfare Benefit Plan Limits Hall Benefits Law