News & Analysis as of

Consolidated Omnibus Budget Reconciliation Act

Seyfarth Shaw LLP

Gone But Not Forgotten: How to Handle Final Pay and Benefits When an Employee Passes Away, Part 2

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Benefits and Beyond: What Happens to PTO, Health Insurance, Retirement Plans, and other Benefits?...more

Bricker Graydon LLP

What Happens to Health FSA Balances When COBRA Coverage is Elected?

Bricker Graydon LLP on

While most plan sponsors understand that their plans must offer continuation coverage under COBRA for their medical benefits, many administrators find themselves on less solid ground when it comes to COBRA coverage and health...more

Foley & Lardner LLP

Tricky Compliance Issues for Companies When an Executive Terminates Employment: Post-Termination Benefit Promises

Foley & Lardner LLP on

Executive employment relationships are rarely permanent. When an executive or other senior-level employee terminates employment, companies often must deal with difficult tax, equity, and benefits issues that arise in...more

Seyfarth Shaw LLP

Gone But Not Forgotten: How to Handle Final Pay and Benefits When an Employee Passes Away

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Let’s face it—no one wants to think about what happens when an employee dies. It’s a deeply human moment, and yet, somewhere between the condolences and the memorial service, someone in Human Resources is quietly asking: “So…...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employment Implications When Colleges and Universities Shut Down

Over the past few years, several colleges and universities across the country have unexpectedly closed, often with little notice to the communities they served. When this happens, the immediate attention is usually given to...more

Ice Miller

Avoiding Impermissible CODAs in Governmental Pension Plan Reform and Enhancement

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One topic that frequently arises is whether a qualified governmental plan, under Internal Revenue Code (Code) Section 401(a), may allow an employee the election on whether to contribute at different pretax employee...more

Warner Norcross + Judd

Group Health Plan PCORI Fees Due by July 31 - UPDATED JULY 2025

As a reminder, the deadline for submitting Patient-Centered Outcomes Research Institute (PCORI) fees is July 31. Employers who sponsor self-insured group health plans should report and pay PCORI fees using the most recently...more

BCLP

Closing the Gap: Health and Welfare Compliance

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Even the most well-managed employee benefit plans may have certain compliance blind spots. From outdated documentation to missed filing deadlines, we have highlighted a few areas below where we often see gaps....more

Carlton Fields

Faulty COBRA Notices Can Cost Big Bucks

Carlton Fields on

When COBRA cases survive motions to dismiss, big dollars are at stake. Marrow v. E.R. Carpenter Co., No. 8:23-cv-02959, is a class action lawsuit filed in the U.S. District Court for the Middle District of Florida on behalf...more

Bricker Graydon LLP

What If an Employee Doesn’t Tell You They Got Divorced?

Bricker Graydon LLP on

When an employee forgets—or chooses not—to notify you of a divorce, it can cause a ripple effect on your benefit plan administration, particularly with your health plan. Here's what you need to know and do to keep your health...more

Foley & Lardner LLP

Taming the Tariffs: Employee Benefit Issues for Employers During Times of Economic Uncertainty – Group Employee Terminations

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Many companies are scrambling to quickly assess how to reduce the business impact of the upheaval to U.S. manufacturing and trading with the recent onslaught of tariffs threatened or imposed by the United States and the...more

Maynard Nexsen

Recent Litigation Emphasizes the Importance of Using Correct COBRA Notices

Maynard Nexsen on

In Marrow v. E.R. Carpenter Co., Inc., a former employee filed a proposed class action lawsuit against her employer, claiming that the company’s group health plan failed to provide a proper COBRA election notice. The employee...more

Parker Poe Adams & Bernstein LLP

How to Handle a Deceased Employee's Final Pay

When an employee unexpectedly dies, the employer’s first instinct often is to take steps to assist his or her family, and to minimize any financial disruption associated with the death. While these goals are laudable,...more

Weber Gallagher Simpson Stapleton Fires &...

I’m Getting Divorced. What Happens to My Health Insurance?

One of the biggest issues in this country is healthcare. Specifically, the cost and payment for healthcare and directly related to that, health insurance. Under most family situations at least one family member works for an...more

Foley & Lardner LLP

Benefits Basics - When an Employee Dies: A Resource Guide for HR & Benefits Professionals

Foley & Lardner LLP on

As a member of your company’s human resources or employee benefits department, one of the most difficult calls you may receive is from a colleague or an employee’s family member notifying you of the death of an employee. This...more

Weintraub Tobin

California Employment News: Document Checklist for Departing Employees (Podcast)

Weintraub Tobin on

Weintraub Attorneys Nikki Mahmoudi and Tomiwa Aina discuss the essential documentation and paperwork employers must provide when an employment relationship ends. From final paychecks to COBRA notices and WARN Act...more

Weintraub Tobin

California Employment News: Document Checklist for Departing Employees

Weintraub Tobin on

Weintraub Attorneys Nikki Mahmoudi and Tomiwa Aina discuss the essential documentation and paperwork employers must provide when an employment relationship ends. From final paychecks to COBRA notices and WARN Act...more

Carlton Fields

Eleventh Circuit Holds Arbitration Agreement Unenforceable Against Spouse of Former Employee

Carlton Fields on

In Lubin v. Starbucks Corp., the Eleventh Circuit Court of Appeals considered defendant Starbucks’ appeal of an order denying its motion to compel arbitration of the plaintiffs’ lawsuit alleging that Starbucks sent deficient...more

McNees Wallace & Nurick LLC

Voluntary Buyouts: The Pros and Cons

Yesterday, the Trump Administration announced that it offered voluntary buyouts to over two million federal employees. Employees who voluntarily resign their position will receive payments equal to approximately eight months...more

Fuerst Ittleman David & Joseph

The Role of Delegation Clauses in Motions to Compel Arbitration When Your Family Member Signs an Arbitration Agreement

It happens every so often: someone signs an agreement to arbitrate legal claims, the agreement has a solid clause delegating arbitrability issues to an arbitrator, and then a member of that person’s family files a claim in...more

Proskauer - Employee Benefits & Executive...

Employer Benefit Plan Assistance FAQs: California Wildfires

In the wake of the horrific wildfires in Los Angeles (which are ongoing as of today), employees based in the Los Angeles area may have questions about available support from employer-sponsored 401(k) plan accounts and other...more

Proskauer - Law and the Workplace

Potential Government Shutdown – What Every Federal Contractor Needs to Know - December 2024

We appear to be on the precipice of another federal government shutdown.  Absent a political compromise, the federal government’s funding will run out on December 21, 2024.  During previous government shutdowns, government...more

Groom Law Group, Chartered

DOL & Treasury Extend Certain ERISA-Related Deadlines for Helene and Milton Impacted Areas

On November 8, the Departments of Labor and Treasury (the “Departments”) issued guidance extending certain deadlines related to retirement, health, and welfare plans in response to Hurricane Helene, Tropical Storm Helene, and...more

Snell & Wilmer

2024 End-of-Year Plan Sponsor “To Do” List (Part 1) Health and Welfare

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We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. This Part 1 covers year-end health and welfare plan issues. Parts 2,...more

Proskauer - Employee Benefits & Executive...

Benefit Plan Deadlines Extended for Individuals Affected by Recent Natural Disasters

Last week, the U.S. Departments of Labor and Treasury issued a Joint Notice requiring the extension of certain benefit plan deadlines for individuals affected by Hurricanes Helene and Milton and Tropical Storm Helene.[1] The...more

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