"Employers are ultimately responsible for ensuring that this reporting is completed on a timely basis. Employers should [1] verify in writing that their carriers/TPAs/PBMs will be preparing and submitting the D2-D8 reports and [2] either prepare and submit the P2 and D1 files for their organization or work with another vendor to complete this submission. Due to the complex requirements within these P2 and D1 files, most employers will need assistance from a vendor or compliance expert to create these reports."   MORE >>

"On February 21, 2023, the [NLRB] found two routinely standard separation agreement provisions -- confidentiality as to the agreement and non-disparagement -- to be unlawful when included in an agreement offered to an employee.... NLRB General Counsel Jennifer Abruzzo [subsequently] issued guidance in an effort to clarify the scope and impact of that decision. [ Memorandum GC 23-05 ] takes an expansive view ... foreshadowing more restrictions on separation agreement and other employment agreements." [ McLaren Macomb , 372 NLRB No. 58 (Feb. 21, 2023)]   MORE >>

"[ Memorandum GC 23-05 ] did not answer directly whether McLaren applies to other types of agreements, such as settlements of claims (though it is safe to assume it does apply), or how the NLRB will treat agreements with other agencies, such as the EEOC, or under state 'MeToo' laws that might not conform to McLaren . " [ McLaren Macomb , 372 NLRB No. 58 (Feb. 21, 2023)]   MORE >>

"[N]otable takeaways from [ Memorandum GC 23-05 ] ... [1] Non-disparagement and confidentiality clauses are not banned; narrowly tailored ones are still considered lawful.... [2] A general disclaimer or savings clause will likely not save overbroad confidentiality or non-disparagement provisions.... [3] Unlawful non-disparagement and confidentiality provisions will likely not invalidate other provisions in a severance agreement.... [4]  Mclaren Macomb applies retroactively.... [5] Employers could face liability arising out of providing supervisors overly broad agreements in certain circumstances.... [6] the train does not stop with confidentiality and non-disparagement clauses in severance agreements." [ McLaren Macomb , 372 NLRB No. 58 (Feb. 21, 2023)]

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"[A recent case] illustrates what happens when plan terms are unclear and can have different meanings.... [T]he court began ... by pointing out that 'claims for benefits based on the terms of an ERISA plan are contractual in nature and are governed by federal common law contract principles.' Those principles incorporate the common law of contracts to determine the parties' intent.... [T]he court pronounced that if the contractual terms were ambiguous, an interpretation favoring the policyholder was required[.]" [ Stein v. Paul Revere Life Ins. Co. , No. 21-3546 (E.D. Penn. Mar. 16, 2023)]   MORE >>

"After focusing most of its attention on retirement benefit plans, a recent complaint filed in the District of Connecticut shows that the plaintiffs' bar is turning to health and welfare plans as targets for their new theories of breach of fiduciary duty under ERISA." [Srednicki v. Cigna Health and Life Ins. Co., No. 23-0243 (D. Conn. complaint filed Feb. 24, 2023)]   MORE >>

"The complaint failed to sufficiently allege any facts suggesting that [the plaintiffs] individually paid higher fees or insurance premiums as a result of Sequoia's alleged actions. Nor did they allege that they did not receive the benefits promised them under the MEWA. Absent any injury to the plaintiffs themselves, they did not have Article III standing based on allegations that they had an 'equitable ownership' in the assets of the MEWA." [ Winsor v. Sequoia Benefits & Ins. Servs., LLC , No. 21-16992 (9th Cir. Mar. 8, 2023)]   MORE >>

"A recent survey found that a further 25% were 'too embarrassed' to do the same, while 22% said they can't afford it."   MORE >>

"Victims of the severe winter storm and snowstorm beginning Dec. 23, 2022, and ending Dec. 28, 2022, now have until May 15, 2023, to file various individual and business tax returns and make tax payments ... [I]ndividuals and households affected by the severe winter storm and snowstorm that reside or have a business in Erie, Genesee, Niagara, St. Lawrence, and Suffolk counties qualify for tax relief."   MORE >>