Tag: benefits

Learn Elements of ERISA Plan Status to Help Avoid State-law Claims

A former employee’s failed attempt to call COBRA coverage a “privately paid” policy, rather than an ERISA plan, in order to maintain state-law claims against a group health insurer offers a chance to remind employers about importance of knowing the legal status of their benefit plans. In the case, the individual sued the insurer for […]

Remember the FSA Grace Period Rules!

Employers can give employees up to 2½ months after the end of the plan year to spend unused money in their flexible spending accounts (FSAs). Since so many plans have a calendar-year  basis for their plan years, many employers and plan administrators that chose to grant the grace period are handling claims from last year […]

Covering Dependents Can Raise Questions

Many employers provide some sort of benefits for employees’ dependents. These can take many forms. Some are benefits that do not require expenditure of much, or any, money and which are not taxed. Other benefits for dependents, however, may entail more significant expenditures and have to be provided under specific rules in order to not […]

Fueling Disputes: Health Reform May Spur New Types of Employee Lawsuits

Recent legal challenges have focused on constitutional issues, but health care reform is expected to create new reasons for benefits and employment-law litigation, according to a reform expert. Reform rules fraught with legal risk include: (1) pay-or-play requirements, (2) claims appeals and external review, (3) essential benefits; and (4) retiree medical rules. Another area of […]

Employers Take Note: Commuting by Public Transit On the Rise

Employers should take note: more of their employees are coming to and going from the office via public transportation. That’s more than an interesting statistic — it has implications for employers. Employees who take public transportation to work may benefit from a tax break, but only if their employer sponsors a qualified transportation fringe benefit […]

GAO Recommends Stepping Up Retirement Education Efforts to Small Businesses

Small businesses that seek to improve their retirement plans should have access to more information from the federal government. That is the recommendation of the Government Accountability Office (GAO), which in a recent report steers clear of advocating bold moves and suggests that the federal government improve what it’s already doing in order to better […]

Workers’ Compensation Versus Other Employment Laws

“The difficult workers’ compensation problems are only one aspect of a multi-dimensional employment law problem.”, noted David Schmit in a BLR webinar titled “Workers’ Comp: How to Discipline or Terminate Claimants While Minimizing Your Legal Risks,”. If you’ve been considering firing an employee who is out on workers’ comp leave – or recently back from […]

Is Your Employment Handbook’s Paid Time Off Policy Clear?

In a BLR webinar titled “New Year, New Laws, New Employee Handbook: What to Change and What to Keep in 2012,” Lisa Barnett Sween outlined some guidelines on what to include in employment handbooks and gave some guidance on the inclusion of paid time off (PTO) and other leave policies. Mandatory Unpaid Time Off to […]

Dependent Coverage Can Pose Challenges

Many, perhaps most, employers provide some coverage to employees’ dependents under the benefit plans they offer. But an employer needs to be careful when it does so. Many factors can complicate this coverage. Following are examples that highlight complicated situations that can arise for an employer that covers employees’ dependents and how an employer should address […]