What can employee stock ownership plan (ESOP) managers due to prepare an effective record in advance of a potential US Department of Labor or Internal Revenue Service investigation? McDermott partner Allison Wilkerson presented on this topic during The ESOP Association‘s TEA National 2021 Conference. Access the slides.

The post Current Trends in DOL and IRS Investigations appeared first on EMPLOYEE BENEFITS BLOG.


The Centers for Medicare & Medicaid Services recently published its annual proposed changes to the Medicare Physician Fee Schedule, which include several key telehealth and other virtual care-related proposals. The proposals address long-standing restrictions that have historically limited the use of telehealth and virtual care, including geographic and originating site restrictions, and limitations on audio-only […]

The post CMS Addresses Virtual Care Expansion in CY 2022 Medicare Physician Fee Schedule Proposal appeared first on EMPLOYEE BENEFITS BLOG.


Employers should consider how they will navigate the legal and operational challenges related to required vaccination and testing, such as vaccination tracking and management; health and religious accommodations; and wage and hour implications.

Employers that want to bring remote workers back into the workplace will have to do so while paying attention to employee concerns. Here are some ways to do that.

On August 26, 2021, Illinois Governor J.B. Pritzker issued Executive Order 2021-20 (the Order). The Order mandates that all individuals in Illinois who are at least two years old and who are medically able must wear face coverings indoors and in other specified settings. In addition, the Order mandates COVID-19 vaccination for certain professionals in […]

The post Mask Up, Vax Up: Illinois Governor Issues Immediate Face Covering Mandate for All, COVID-19 Vaccine Mandate for Healthcare, School and State Workers and Students appeared first on EMPLOYEE BENEFITS BLOG.


The full US Food and Drug Administration (FDA) approval of the Pfizer-BioNTech COVID-19 vaccine has led to vaccine mandates by both governments and businesses. More companies will implement their own vaccine requirements in light of the FDA approval, according to McDermott partner Michelle Strowhiro in this The Hill article. “What employers are trying to balance […]

The post Pfizer’s Full Approval Triggers New Vaccine Mandates appeared first on EMPLOYEE BENEFITS BLOG.


With the upward trend in commercial bankruptcy filings likely to continue, what happens to collective bargaining agreements in bankruptcy? In this Law360 article, McDermott’s Stephania C. Sanon outlines the options that debtor employers have during this challenging legal process. Access the article.

The post How Purchasers, Debtors Can Navigate CBAs in Bankruptcy appeared first on EMPLOYEE BENEFITS BLOG.


On April 9, 2021, the Internal Revenue Service (IRS) released PLR 202114001 (PLR), which provides guidance on the deductibility of medical costs under Section 213 of the Internal Revenue Code relating to fertility expenses for same-sex couples. The PLR disallows most of the costs incurred by a same-sex couple wishing to have a child. However, […]

The post IRS Issues Guidance on Fertility Treatment Deductibility for Same-Sex Couples appeared first on EMPLOYEE BENEFITS BLOG.


What should employers do if a job applicant voluntarily discloses a disability during an interview? In most cases, employers cannot ask disability-related questions until after an applicant receives a conditional job offer, according to McDermott’s Laurie A. Baddon in this Society for Human Resource Management article. Once the employer makes a conditional offer, the employer […]

The post What if a Job Applicant Discloses a Disability? appeared first on EMPLOYEE BENEFITS BLOG.


Employers are likely, at some point, to receive a military leave request or questions related to the Uniformed Services Employment and Reemployment Rights Act (USERRA). Here are the answers to five common USERRA-related questions.