Category Archives: Employee Benefits

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GLP-1 Medications: What Employers Need to Know About Rising Costs, Coverage Choices, and Managing Legal Risks

GLP-1 medications, originally developed for diabetes and now widely used for weight management, are rapidly becoming a major cost concern for employer health plans. Annual costs per user often exceed $10,000, and demand is rising, especially with new forms like daily pills recently approved by the FDA. Employers are now facing tough decisions about how … Continue Reading

New Mechanisms for Employers to Expand Employee Access to Fertility Benefits

Late last year, the Departments of Labor, Health and Human Services, and Treasury (collectively, the Departments) provided long-awaited guidance clarifying two new ways — in addition to the already-existing mechanisms — for employers to expand fertility benefit offerings. The Departments jointly published FAQs about Affordable Care Act Implementation Part 72 (FAQs), which implement President Donald … Continue Reading

A Big, Beautiful Break: IRS Gives Employers Relief on 2025 Tip and Overtime Reporting

Since the enactment of the “One Big Beautiful Bill Act” (OBBBA) on July 4, 2025, employers have awaited guidance on recordkeeping and reporting obligations related to the law’s “no tax on tips” and “no tax on overtime” deductions. The IRS has now announced that, for the 2025 tax year, employers will not be penalized for … Continue Reading

Who Turned Out the Lights? The Impact of a Prolonged Government Shutdown on Private Employers

We are several weeks into a federal government shutdown, which might be on pace to be the longest in U.S. history. Time will tell whether this shutdown is record-breaking. In the meantime, the impact on federal employees is plain; some are furloughed, while other essential workers are left to work without pay. But less obvious … Continue Reading

What Employers Should Know About Trump’s Executive Order on Expanding Access to Alternative Assets in 401(k) Plans

Employer sponsored 401(k) investment menu offerings may be getting richer in diversified assets, including private equity, cryptocurrency, and other alternative asset investments, based upon a recent executive order signed by President Donald Trump on August 7, 2025, entitled “Democratizing Access to Alternative Assets for 401(k) Investors.” The Order directs the U.S. Department of Labor (DOL), … Continue Reading

Paid Prenatal Leave for Pregnant New Yorkers Has Arrived

New York is the first state in the U.S. to pass a law entitling workers to paid prenatal leave. The law, which took effect on January 1, 2025, requires private sector employers, regardless of size, to provide their New York-based employees with 20 hours of paid leave for prenatal healthcare services during their pregnancy, or … Continue Reading

Year-End Watch List: Possible Simplification to Employer Group Health Plan Reporting

2024 might almost be over, but the Senate recently passed two bills that are intended to ease at least some employer burdens under the Patient Protection and Affordable Care Act (ACA) moving forward. The bills, both of which are pending signature by President Biden, are: Should these laws be enacted, they would together simplify ACA … Continue Reading

NYC’s Pet-Pawsitive Proposal: Paid Sick Leave for Pets Could Be Coming Soon

In recent years, there has been a growing shift in mindset for pet owners that consider animals to be essential to their well-being and integral to their home life. In fact, one ASPCA survey reported that, in the early stages of lockdowns and quarantines during the COVID-19 crisis, nearly 1 in 5 households acquired a … Continue Reading

Legal Challenges to the U.S. Department of Labor’s New Overtime Rule

As expected, the first lawsuits have been filed to challenge a new Department of Labor (DOL) “Overtime Rule” that significantly raises the minimum salary threshold for the exempt, administrative, and professional (EAP) and highly compensated employee (HCE) overtime exemptions under the Fair Labor Standards Act. The new rule is intended to take effect today, July … Continue Reading

Employers Must Keep Reproductive Health Information About Their Plan Participants Private Under New HIPAA Privacy Rule

Imagine you are a corporate Human Resources/Total Rewards leader who receives a request from a state’s law enforcement agency for health plan records about a plan participant’s abortions or other reproductive health care. How should you respond? Since most company health plans are considered a “HIPAA covered entity,” the request should be generally be denied, … Continue Reading

On the Basis of Sex… Discrimination in Group Health Plans and What Employers Should Know

In just a few days’ time, recently promulgated federal final rules addressing sex-based nondiscrimination in the administration of health care benefits have created a flurry of healthcare industry activity. The angst arises from providers, payers, and certain health plans alike. While the spotlight shines brightest on healthcare providers and health insurers, the focus of this … Continue Reading

Pain and a Half: How DOL’s New Overtime Proposal Could Drastically Change Your Business

The U.S. Department of Labor (DOL) recently rocked the business world when it announced a Proposed Rule that, if implemented in its current form, would force employers around the country to increase salaries for millions of currently exempt workers or convert them to non-exempt employees eligible for overtime. The Proposed Rule would dramatically increase the … Continue Reading

As School Bells Ring, Employers Should Review School-Related Activities Leave Policies

Another school year is upon us, which means employers around the country should study up on school-related activities leave policies. While there is no federal law mandating that employers give employees time-off to attend school-related activities for their children, there are many states across the country that do. Employers who fail to do their homework … Continue Reading

Promoting Employee Mental Health Well-Being Pays Off

May is Mental Health Awareness Month and the perfect time for employers to check on the mental well-being of their employees and examine their current policies, because doing so will ultimately improve their bottom line. Since the COVID-19 pandemic, workers have reported experiencing stress at work due to compensation not keeping up with inflation, longer … Continue Reading

Your Employee Benefit Plans May Need a Check Up: Nearing the End of the COVID-19 Public Health Emergency

Where did the time go? Just a brief 1,199 days after it began, the COVID-19 Public Health Emergency (PHE) is coming to an end. The PHE formally ends on May 11, 2023, short of any unexpected developments. And that means the time is now (or 4:50 p.m. on May 10, based on historical trends) for benefit plan … Continue Reading

Pay Transparency Law Updates: Hiring in 2023

Recent legislative action across the country suggests that expanding pay transparency requirements will continue to be a major issue for employers to navigate in 2023. Three states—Illinois, Rhode Island, and Washington—recently joined the pay transparency movement by issuing regulations or enacting laws that require some form of pay disclosure to job applicants to promote pay … Continue Reading

Employers Concerned about State Abortion Access Restrictions Weigh Options for Medical Travel Reimbursements

There has never been an ERISA requirement to include elective abortion medical coverage in ERISA group health plans. Even so, many nationwide employers choose to offer it alongside non-elective abortion medical coverage.  Among those employer plan sponsors, there is new concern about how plan participants can practically access this covered medical care, if expensive travel … Continue Reading

Biden Administration Signals MHPAEA Enforcement a Priority with Fiscal 2023 Budget

The Biden Administration’s proposed budget for fiscal year 2023 serves as a warning to all plan issuers and administrators that enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) is a top priority for the federal government. The proposed budget reflects a substantial and sustained commitment to ramp up enforcement efforts, with specific … Continue Reading

With U.S. Troops Heading to Europe, Employers Should Revisit Military Leave Policies

In the wake of the recent Ukraine invasion, more U.S. troops are being deployed to Europe to support NATO countries. Among these are members of the National Reserve and National Guard, who typically maintain civilian jobs throughout the year, but can be called for duty at any time. With that in mind, now is a … Continue Reading

Family Medical Leave Compliance — A New Years’ Resolution You Should Keep

Given the rapidly spreading omicron variant, employers with as few as five employees are well advised to refresh themselves on their obligations under the Family Medical Leave Act (“FMLA”) and its California counterpart, the California Family Rights Act (“CFRA”). Generally, FMLA and CFRA provide 12 weeks of job-protected leave during a 12-month period. Private employers are … Continue Reading

Pay Transparency Requirements on the Rise

Across the country, many states have enacted Equal Pay laws which require employers to comply with a variety of requirements, typically including limits on inquiries about prior salaries and the permissible rationale for pay differentials between similar employees. Now, many states are amending those laws to require companies to disclose the expected pay range of … Continue Reading

Deadline Triggered as COBRA Premium Subsidy Ends

Employers and plans are reminded that they must provide a COBRA subsidy expiration notice no later than September 15, 2021, pursuant to the American Rescue Plan Act of 2021 (ARPA). ARPA had included some new COBRA obligations for both employers and participants. In particular, as noted in our previous posts, ARPA established a 100 percent … Continue Reading

Should You Consider Offering Cheaper Health Plan Coverage in 2022 for Vaccinated Employees?

If you still have unvaccinated workers in January, might you provide a financial incentive for employees to be vaccinated, by charging them higher healthcare insurance premiums? That is the question facing exhausted but dedicated corporate Human Resources leaders as they approach annual open enrollment season, in which employees are asked to lock in their 2022 … Continue Reading

Tipped and Non-Tipped Work Back Under the Microscope

The old “80/20 rule” is back again for tipped workers under the latest proposed Final Rule issued by the Department of Labor (DOL) last month. Employers in the service industry, especially those employers who take a tip credit and/or implement a tip pool for their employees, should keep an eye on this latest Final Rule. … Continue Reading
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