Mark Stember on Employer Liability Issues

California Adopts Confusing FSA Notification Requirement

California recently enacted AB 1554 which purportedly requires an employer to notify employees of any deadline to withdraw funds from a flexible spending arrangement (“FSA”) before the end of the plan year. The law applies...more

10/15/2019 / Employee Retirement Income Security Act (ERISA) , Employer Liability Issues , Flexible Spending Accounts , Notification Requirements

6th Circuit Case Emphasizes Potential Employer Liability to Participants for 409A Violations

Although employees face additional taxes and decreased benefits resulting from employer failures involving nonqualified deferred compensation (NQDC) plans, they may sue employers to recover their losses. For ERISA-covered...more

7/29/2019 / Deferred Compensation , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Employer Liability Issues , Section 409A

Health Plans must Explain Reasonable and Customary

As most plan sponsors know, demand letters and lawsuits from out-of-network providers have been on the rise the past few years. This rise in out-of-network provider demands and lawsuits is a product of the sharp rise in...more

10/18/2018 / Employee Benefits , Employee Retirement Income Security Act (ERISA) , Employer Liability Issues , Health Insurance

Employer Wellness Planning for 2019 – Part II of II

This is Part II of our blog post on employer wellness planning for 2019. Part I of our blog post explained the ongoing saga between AARP and the EEOC with respect to the ADA and GINA final regulations. We discussed that the...more

6/22/2018 / AARP , Americans with Disabilities Act (ADA) , Employee Benefits , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , GINA , Incentives , Wellness Programs

Employer Wellness Planning 2019 – Part I of II

Employers who sponsor wellness programs that offer incentives once again face legal uncertainty. On December 20, 2017, in AARP v. United States Equal Employment Opportunity Commission, the United States District Court for...more

6/19/2018 / AARP , Americans with Disabilities Act (ADA) , Employee Benefits , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , GINA , Wellness Programs

ERISA will Rescue Employers Stuck in the Paid Family, Disability and Sick Leave Quagmire

Over the past several years various state and local governments have passed paid family leave, paid disability leave and paid sick leave requirements for employers operating in those jurisdictions. California and New York...more

2/14/2018 / Employee Retirement Income Security Act (ERISA) , Employer Liability Issues , Paid Leave , Paid Time Off (PTO) , Sick Leave , Wage and Hour

Association Health Plans Will Profoundly Affect the Health Plan Marketplace

A newly issued proposed rule significantly relaxes the Department of Labor requirements that currently limit the availability of association health plans (AHPs) and if finalized in its currently form will profoundly affect...more

1/8/2018 / Affordable Care Act , Association Health Plans , Employee Retirement Income Security Act (ERISA) , Employer Group Health Plans , Employer Liability Issues , MEWAs

Are the Disability Claims Procedure Regulations Final?

The answer is most likely. In a prior post we discussed that on October 12th the Department of Labor provided for a 90-day delay to April 1, 2018. Since that time the Department of Labor reviewed whether the new...more

11/30/2017 / Department of Labor (DOL) , Disability Benefits , Employer Liability Issues

DOL Adopts 90-Day Delay for Disability Regulations

New disability claims procedures were scheduled to go into effect on January 1, 2018. In a notice to be published in the Federal Register on October 12th, the DOL will provide for a 90-day delay to examine the burdens of the...more

10/11/2017 / Department of Labor (DOL) , Disability , Employer Liability Issues

Mark Stember

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