On June 9, 2022, the Philadelphia City Council passed an ordinance that would require covered employers to make available to eligible employees a commuter transit benefit program. The bill is currently awaiting the Mayor’s signature, which many expect will occur shortly. To read more about this development, please see our Alert on this development.
Employee Benefits
Supreme Court Weighs In On Retirement Plan Sponsor Duties Under ERISA
By Denise M. Keyser & Gustavo Cardona on
Posted in DOL, Employee Benefits
This week, in Hughes et al. v. Northwestern University et al., the U.S. Supreme Court held that the Employee Retirement Income Security Act (ERISA) imposes a duty of prudence on fiduciaries that includes a continuing duty to monitor investments and remove imprudent investments in a reasonable time. The defined contribution plans at issue each…
Ways and Means Committee Proposes National Paid Family and Medical Leave
By Jessica Federico & Brian D. Pedrow on
On September 7, the House Ways and Means Committee released bill text that includes a new national, universal paid medical and family leave plan. This bill represents just one portion of the expected $3.5 trillion social spending bill that will advance President Biden’s legislative agenda.
The bill is extensive, but employers should be particularly aware…
Reminder: COBRA Notice Deadline Fast Approaching
As previously reported here, under the American Rescue Plan Act, certain employers have until May 31, 2021 to notify eligible individuals of their potential right to subsidized COBRA coverage. Eligible individuals are those who lost group health plan coverage due to a reduction of hours or an involuntary termination of employment and who are…
IRS Issues Additional Dependent Care FSA Guidance
By Denise M. Keyser & Gustavo Cardona on
The whirl of changes in employee benefits rules that have resulted from the pandemic include the temporary opportunity for employees to carry over unused amounts contributed to a dependent care flexible spending account from one year to another. The IRS has issued a new notice on these rules that clarifies how these rules apply in…
IRS Issues Guidance Concerning American Rescue Plan’s Required COBRA Subsidies
By Adam Friedland on
On May 18, the IRS released Notice 2021-31. The notice contains detailed guidance on subsidies employers must provide COBRA beneficiaries pursuant to the American Rescue Plan Act (“ARP”), and uses a Q&A format to illustrate several specific examples and potential issues regarding the subsidies. For employers, one of the many issues of interest addressed…
HHS to Enforce Section 1557 of the Affordable Care Act to Prohibit Discrimination Based on Sexual Orientation and Gender Identity
By Christopher T. Cognato on
Employers with employee health plans subject to the Affordable Care Act (ACA) should take note that, earlier this week, the U.S. Department of Health and Human Services (HHS) announced that its Office for Civil Rights (OCR) will begin enforcing Section 1557 of ACA to prohibit discrimination based on sexual orientation and gender identity. Section 1557…
Q&A: COBRA Subsidies Under the American Rescue Plan
By Shannon D. Farmer & Karli Lubin on
Posted in DOL, Employee Benefits
As previously reported here, the American Rescue Plan Act of 2021 (ARP) was passed and signed into law on March 11, 2021, and had significant and immediate impacts on employee benefit plans, employers, and other plan sponsors and plan administrators. Last week, the United States Department of Labor issued guidance about the new COBRA…
ARP: COBRA Premium Assistance
By Brian M. Pinheiro & Edward I. Leeds on
Posted in Employee Benefits
On March 11, 2021, the American Rescue Plan Act of 2021 (ARP) was passed and signed into law. ARP has significant and immediate impacts on employee benefit plans, employers, and other plan sponsors and plan administrators. On April 7, 2021, the United States Department of Labor (DOL) issued much anticipated guidance and model forms under…
President Biden Signs American Rescue Plan Act of 2021
On March 11, 2021, President Biden signed the American Rescue Plan Act. At $1.9 trillion, it is the second largest stimulus bill in legislative history. The ARP includes labor-related spending initiatives important to both employers and employees.
Employers should particularly take heed of the increased funding to OSHA for enforcement actions, which could indicate a…