In an important decision, the Third Circuit recently held in Lupyan v. Corinthian Colleges, Inc. that an employee’s sworn statement — and nothing more — that she did not receive
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Benefits
DOL and HHS Seek to Enhance Care Benefits Under COBRA
On May 2, 2014, the Employee Benefits Security Administration of the Department of Labor (DOL) released proposed regulations, which contain changes to the existing COBRA notice requirements. These changes are intended to incorporate applicable provisions under the Affordable Care Act into the COBRA notice requirements. The proposed regulations provide updated versions of the model general notice and model election notice forms, which are available in modifiable, electronic form on the DOL’s website at dol.gov/ebsa/cobra.html. Employers should consider using the updated model notices (modified, as needed, to fit the employer’s particular situation) on a going-forward basis because the DOL will consider the use of the model notices to be good faith compliance with the notice content requirements under COBRA.
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Obama Administration Announces Delays for the Reporting and Penalty Requirements for Employers
With: Nancy Taylor and Danielle White
Last week, on July 2, 2013, the Obama Administration announced a one-year delay in the application of penalties associated with the employer shared responsibility…
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Employer Mandate Delay
With: Nancy Taylor and Danielle White
On Tuesday, July 2nd, 2013, the Obama Administration announced a one-year delay in applications of penalties associated with the employer shared responsibility…
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U.S. Supreme Court Strikes Down Portion of DOMA as Unconstitutional: The Impact of the Decision on Employee Benefit Plans
On June 26th, the U.S. Supreme Court issued its ruling in United States v. Windsor. In a 5-4 decision, the Court concluded that Section 3 of the Defense of…
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The New Health Care Law
Health Care Coverage Reporting Requirements
Now that the Supreme Court has ruled and upheld the Patient Protection and Affordable Care Act (otherwise known as the New Health Care Law), employers…
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States Immune From Self-Care FMLA Claims
In Coleman v. Court of Appeals of Maryland, in a 5-4 plurality ruling, the U.S. Supreme Court held that states are immune from suit as sovereigns under the self-care…
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New Remedies Under ERISA for Employees Harmed by Misinformation
Employers providing employees with benefits subject to ERISA have a duty to provide accurate benefit information to employees. As with many areas of ERISA, the definition of “inaccurate” information and…
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Which Employers Will Be Responsible For Health Coverage In 2014?
The new health care law, otherwise known as the Patient Protection and Affordable Care Act (PPACA), requires that, beginning after December 31, 2013, “applicable large employers” must provide affordable health…
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A New Definition of “Fiduciary” Under ERISA Expands Liability For Providing Employee Benefit Plan Investment Advice
The Department of Labor (DOL) has recently published proposed regulations under the Employee Retirement Income Security Act (ERISA) to expand the definition of who is a fiduciary with respect …
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