Employee Benefits Blog

FMLA to Apply to All Employees in Same-Sex Marriages

When the U.S. Supreme Court declared DOMA unconstitutional in United States v. Windsor, many federal benefits that were previously denied to individuals in same-sex marriages became available to those individuals.  However, job-protected leave under the Family and Medical Leave Act (“FMLA”) was not one of them. Generally, an employee is able to take 12 weeks […]

| 2 min read | Tagged: , , , ,
KH
Former Associate

The IRS Meant What It Said in Notice 2013-54 – Employers Who Pay For Individual Health Insurance Policies for Employees On a Pre-Tax Basis Face Massive Penalties

In our 2013 End of Year Plan Sponsor “To Do” List  Part 2 – Health and Welfare I did a lengthy summary of the various changes required to employer health care arrangements on account of IRS Notice 2013-54.  On May 6, 2014, I followed that up with a blog entitled Non-integrated health reimbursement arrangements (whatever […]

| 3 min read | Tagged: , , , , , ,
NC

Plan Fiduciaries Get an Assist from the DOL

Since 2012, covered service providers (“CSPs”) such as recordkeepers and investment advisors have had to provide annual service and fee disclosures to plan fiduciaries under Section 408(b)(2) of ERISA.  Plan fiduciaries cannot remain idle after receiving these disclosures —  review of the disclosures is a fiduciary duty.  The Department of Labor (“DOL”) requires fiduciaries to […]

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KH
Former Associate

Employers Need More Same-Sex Marriage Guidance

Last summer, the Supreme Court determined that the Defense of Marriage Act (“DOMA”) was unconstitutional.  The Supreme Court’s ruling in United States v. Windsor had the effect of extending many employee benefits to same-sex spouses.  Employee benefit plans were significantly impacted by the ruling, and, as a result, the IRS and the Department of Labor […]

| 2 min read | Tagged: , , , , , , ,
KH
Former Associate