The US Supreme Court ruled June 15 in Bostock v. Clayton County, Ga. that the prohibition against sex discrimination in the workplace under Title VII of the Civil Rights Act covers sexual orientation and gender identity. Title VII applies to employers with 15 or more employees, including part-time and temporary workers. Following the decision, benefits experts […]

The post Use a Checklist to Avoid LGBTQ Discrimination in Your Benefits Programs appeared first on EMPLOYEE BENEFITS BLOG.

https://www.employeebenefitsblog.com/2020/07/use-a-checklist-to-avoid-lgbtq-discrimination-in-your-benefits-programs/

The coronavirus pandemic has shifted some employees to remote work permanently while others are telecommuting more frequently. Employers’ wage and hour policies and enforcement should account for the rise in telework. “Ensure that employees understand that time spent checking e-mails is compensable,” said Ellen Bronchetti, a partner at McDermott Will & Emery in San Francisco, […]

The post Revisit Wage and Hour Policies During the Pandemic appeared first on EMPLOYEE BENEFITS BLOG.

https://www.employeebenefitsblog.com/2020/07/revisit-wage-and-hour-policies-during-the-pandemic-covid/

New Internal Revenue Service (IRS) guidance expands the availability of Coronavirus Aid, Relief and Economic Security Act (CARES Act) distributions and loans under eligible retirement plans, and it provides important clarifications regarding how to administer and report CARES Act distributions and loans. The guidance also provides welcome relief for a participant who receives a CARES […]

The post More Caring: New CARES Act Guidance for Retirement and Nonqualified Plans appeared first on EMPLOYEE BENEFITS BLOG.

https://www.employeebenefitsblog.com/2020/07/more-caring-new-cares-act-guidance-for-retirement-and-nonqualified-plans-covid/

On June 12, 2020, the Office for Civil Rights (OCR) of the US Department of Health and Human Services (HHS) finalized a rule under Section 1557 of the Patient Protection and Affordable Care Act (the 2020 Final Rule) that rescinds certain protections afforded to LGBTQ individuals and persons with limited English proficiency. At the same […]

The post HHS Finalizes Anti-Discrimination Revisions to ACA Section 1557 appeared first on EMPLOYEE BENEFITS BLOG.

https://www.employeebenefitsblog.com/2020/07/hhs-finalizes-anti-discrimination-revisions-to-aca-section-1557/

In response to the administrative difficulties faced by plan administrators due to the ongoing COVID-19 pandemic, the Internal Revenue Service (IRS) recently issued Notice 2020-35, which extends additional retirement plan deadlines for 2020 not previously extended under IRS Notice 2020-23. The IRS also stated that this relief applies for purposes of ERISA if the tax […]

The post Deja Vu with Retirement Plan Extension 2 appeared first on EMPLOYEE BENEFITS BLOG.

https://www.employeebenefitsblog.com/2020/07/deja-vu-with-retirement-plan-extension-2/

As the UK Government works through its phased COVID-19 recovery strategy and lockdown restrictions are progressively eased, employers in the United Kingdom are contemplating the implications of returning staff to the workplace. In this article, we address some of the key issues for employers to consider, with a particular focus on the UK Government’s “Covid-secure” […]

The post Returning to the Workplace in the UK: Key Issues for Employers appeared first on EMPLOYEE BENEFITS BLOG.

https://www.employeebenefitsblog.com/2020/07/returning-to-the-workplace-in-the-uk-key-issues-for-employers-covid/

The US Departments of Labor, Health and Human Services, and Treasury issued a second set of answers to frequently asked questions. The tri-agency FAQs (Part 43) clarify important health and welfare provisions under the Families First Coronavirus Response Act (FFCRA), which became law on March 18, 2020, and the Coronavirus Aid, Relief, and Economic Security (CARES) […]

The post Agencies Issue Helpful FAQs on COVID-19 Testing Coverage appeared first on EMPLOYEE BENEFITS BLOG.

https://www.employeebenefitsblog.com/2020/07/agencies-issue-helpful-faqs-on-covid-19-testing-coverage/

Several months into the COVID-19 pandemic, businesses are thinking about returning to work and what this will look like in practice. While it will not be business as usual, this article highlights how employers can prepare their workplaces and navigate safety mandates and recommendations. Access the full article.

The post Preparing Your Workplace: How to Navigate Safety Mandates and Recommendations appeared first on EMPLOYEE BENEFITS BLOG.

https://www.employeebenefitsblog.com/2020/07/preparing-your-workplace-how-to-navigate-safety-mandates-and-recommendations/

While the Occupational Safety and Health Administration (OSHA) has not released specific standards covering COVID-19, Michelle Strowhiro, a partner in the Los Angeles office of McDermott Will & Emery, is quoted in a recent ABA Journal article saying that employers could face risks under Occupational Safety and Health Act’s general duty clause if they don’t […]

The post Can Companies Be Held Liable When Their Employees Fall Ill with Coronavirus? appeared first on EMPLOYEE BENEFITS BLOG.

https://www.employeebenefitsblog.com/2020/06/can-companies-be-held-liable-when-their-employees-fall-ill-with-coronavirus/