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Consolidated Omnibus Budget Reconciliation Act Employer Liability Issues Notice Requirements

Weintraub Tobin

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

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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

Faegre Drinker Biddle & Reath LLP

Navigating Open Enrollment Notice Requirements

Fall open enrollment is upon us, and plan sponsors and administrators are preparing to provide their employees with the required notices related to their health and welfare plans. Notice and disclosure obligations for health...more

Faegre Drinker Biddle & Reath LLP

Employers – Check Your Severance Arrangements Now!

If employees are required to provide proof of COVID-19 vaccination or a timely negative COVID-19 test, and/or wear a mask as a condition of employment (COVID-19 Policies), and an employee is terminated for violating a...more

BCLP

Are Your COBRA Notices Sufficient to Avert a Costly Challenge?

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While the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) continuation coverage subsidy requirements imposed by the American Rescue Plan Act of 2021 are at the forefront of employers’ minds, recent litigation trends...more

Bradley Arant Boult Cummings LLP

IRS Guidance Clarifies “Involuntary Termination” for the COBRA Subsidy

In Notice 2021-31, the Internal Revenue Service (IRS) provides broad guidance in a question-and-answer format on the application of the American Rescue Plan Act of 2021 (ARP) regarding premium assistance under the...more

Butler Snow LLP

American Rescue Plan Act Provides COBRA Subsidies

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The American Rescue Plan Act of 2021 (“ARPA”) includes a valuable benefit for an employee who has lost (or loses) healthcare coverage due to an involuntary termination or reduction in hours — up to 6 months of free COBRA...more

Perkins Coie

Employer Responsibilities Under the ARPA COBRA Subsidy

Perkins Coie on

The American Rescue Plan Act of 2021 (ARPA) includes a number of provisions requiring immediate action by employers. One such provision provides for a 100% federal subsidy of COBRA premiums (including the up-to-2%...more

Faegre Drinker Biddle & Reath LLP

Employers Must Provide COBRA Subsidies to Assistance Eligible Individuals

The American Rescue Plan Act of 2021 (ARPA), which was signed into law by President Biden on March 11, 2021, includes COBRA subsidy provisions that are significant – both for the individuals who will become eligible for COBRA...more

Brownstein Hyatt Farber Schreck

COBRA-Related Litigation Trend: Advanced Preparation Is the Anti-Venom

Over the past two years, there has been a steady uptick of class action litigation alledging deficiencies in the notices that employers are required to provide under the Consolidated Omnibus Budget Reconciliation Act of 1985,...more

Burr & Forman

COBRA Litigation – 2020’s Latest Gift

Burr & Forman on

The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) became law on April 7, 1986. For most of its nearly 35-year history, litigation involving COBRA has been relatively quiet. Most COBRA claims are tag-alongs, added...more

Carlton Fields

COBRA: Avoid Getting Snakebit! (Notice Update, Deadline Update, Litigation Update)

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Carlton Fields tax attorney Lowell Walters talks about the increase in COBRA litigation, new COBRA requirements that could make it worse, and simple steps group health plan sponsors can take to protect themselves....more

Faegre Drinker Biddle & Reath LLP

Beware the Snake in the Grass: COBRA Election Notice Considerations During The COVID-19 Pandemic

With most of the nation on lockdown due to the COVID-19 pandemic, many employers are in the unfortunate position of having to lay off workers or significantly reduce their hours. If these workers also lose employer-sponsored...more

Dorsey & Whitney LLP

Don’t Get Bitten by Your COBRA Notices

Dorsey & Whitney LLP on

In a growing wave of class action lawsuits, plaintiffs are targeting employers who have allegedly failed to provide proper notice of health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985...more

Foley & Lardner LLP

Dear Former Employee, Here Are a Few Things I Want You to Know

Foley & Lardner LLP on

Do you provide terminated employees with information regarding their employee benefits upon termination? If not, consider doing so now—especially if you typically provide a lot of your benefits information on your intranet...more

Bass, Berry & Sims PLC

2019 ERISA Welfare Plan Checklist

Bass, Berry & Sims PLC on

We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we...more

Holland & Hart - The Benefits Dial

I am not throwing away my shot: Retiree coverage as an alternative to COBRA

The COBRA requirements with respect to termination of active employee group health coverage and the coincident availability of retiree medical coverage are complex and not intuitive.  In short, if retiree coverage will not...more

Laner Muchin, Ltd.

What’s In Your COBRA Notice? The Answer May Lead To A Class Action Lawsuit

Laner Muchin, Ltd. on

As previously reported in the Fast Laner, a number of large employers were hit by a wave of class action lawsuits in 2016 involving claims related to deficient COBRA notices. In the case involving Wal-Mart, a federal judge in...more

Mintz - Employment Viewpoints

What Employers Need to Know About COBRA Coverage for Terminated Employees

When the Affordable Care Act (ACA) was signed some nine years ago, many employers wondered what would become of COBRA (aka, the continuation coverage requirements of the Consolidated Omnibus Budget Reconciliation Act of...more

Seyfarth Shaw LLP

When The End Is Near for Departing Employees, Don’t Do It Your Way

Seyfarth Shaw LLP on

Seyfarth Synopsis: While Mr. Sinatra could get away with doing things his way, California law requires that employers provide employees facing the final curtain with specific paperwork and a check on their final day. ...more

Mintz - Employment Viewpoints

Avoiding Unexpected Liability for Former Employees’ Medical Expenses

Adherence to the COBRA health care continuation rules is not always high on an employer’s list of priorities. Compliance is often “outsourced,” and even when handled “in-house,” it rarely consumes much attention. A recent...more

Bass, Berry & Sims PLC

Check your COBRA Notice!

Just when you thought it was “safe to go back in the water,” a new flurry of class action claims based on asserted deficient COBRA notices is drawing the interest of class action plaintiff law firms....more

Laner Muchin, Ltd.

A New Wave Of Class Action Lawsuits Targets Employers That Provide Deficient COBRA Notices

Laner Muchin, Ltd. on

In a series of recent class action lawsuits involving Wal-Mart Stores Inc., BB&T Co., Shipcom Wireless Inc., and other employers, current and former employees who were eligible for COBRA continuation health coverage have...more

BCLP

Caution: Non-Compliant COBRA Election Notices may be Costly

BCLP on

Earlier this year, an employer was sued in a class action in Federal District Court for the Southern District of Florida for violating the notice provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985...more

Proskauer - Employee Benefits & Executive...

Second Circuit Affirms Dismissal of Claim Arising from Incorrectly Addressed COBRA Notice

In Vangas v. Montefiore Medical Center, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit affirmed the district court’s holding that an employer is not liable for failing to provide a COBRA notice to a terminated...more

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