Spencer’s Benefits NetNews – September 7, 2018

About this Newsletter The Spencer’s Benefits Reports is a summary of the week’s news items posted in the WHAT’S NEW pages of Spencer’s Benefits Reports Online. For questions regarding this email service, contact Customer Service at (800)449-9525. NetNews Subscription Want to receive these Newsletters via E-mail? Sign Up / Unsubscribe hr.cch.com Resources Online Store Customer […]

Retaliation claim supported by timing of audit that led to manager’s firing, prior veiled threats about leave

Evidence that a collection manager’s superiors began auditing his paperwork right after he announced his need for leave to undergo back surgery, fired him five weeks later, and made veiled threats against him when he had previously attempted to take intermittent leave for medical reasons bolstered his FMLA retaliation claim, a federal court in Ohio […]

Fiduciary breach claims brought by employees on behalf of plans fell outside arbitration agreements in individual employment contracts

Plan participants were not required by arbitration agreements signed as part of their individual employment contracts to submit claims for breach of fiduciary duty to arbitration, according to the U.S. Court of Appeals in San Francisco (CA-9). In affirming a decision of the trial court, the Appeals Court explained that the scope of the arbitration […]

Minnesota’s minimum wage will increase January 1

Minnesota’s minimum-wage rates will be adjusted for inflation beginning January 1, 2019, to $9.86 an hour for large employers and $8.04 an hour for other state minimum wages. The current large-employer minimum wage, $9.65, will increase by 21 cents to $9.86. Other state minimum wages, including the small-employer, youth and training wages, as well as […]

HSA assets exceed $50 billion

Health savings account (HSA) assets have accumulated $51.4 billion in their HSA accounts at the end of June, a year over year increase of 20.4 percent, according to the 2018 Midyear Devenir HSA Market Survey. Devenir expects this number to grow to $54 billion by the end of 2018. The survey also found the following: […]

IRS extends deadline for pre-approved DC plan six-year cycle opinion letter procedures

The IRS has extended the deadline for submitting on-cycle opinion letter applications for pre-approved defined contribution plans for the third six-year remedial amendment cycle to December 31, 2018. This revenue procedure is effective as of August 15, 2018. Under Rev. Proc. 2017-41, this submission period was scheduled to begin on October 2, 2017 and to […]

DOL seeks input on white collar regs’ salary level

In a notice scheduled for publication in the August 28, 2018, Federal Register, the Department of Labor announced it will conduct public listening sessions to gather views on white collar exemption regulations under the FLSA. The FLSA exempts from both minimum wage and overtime protection “any employee employed in a bona fide executive, administrative, or […]

Tips for preparing employees for upcoming open enrollment include using mix of communication methods

The Summer season is coming to end, which means open enrollment is looming. Productive employees who are engaged with their careers may not have the time to focus on their benefit offerings or may be overwhelmed with amount of choices that are available to them, especially during open enrollment season. Clarity Benefit Solutions says brokers […]

PBGC seeks comments on regs concerning reportable events and notice of failure to make required contributions

The Pension Benefit Guaranty Corporation (PBGC) is seeking comments on an extension, with modifications, of two currently approved collections of information under its regulations on reportable events and certain other notification requirements. The PBGC has issued Forms 10 and 10-Advance and instructions under regulations concerning reportable events, and Form 200 and instructions under regulations relating […]

New opinion letters address FLSA issues

The Labor Department’s Wage and Hour Division (WHD) has issued some new opinion letters August 28 addressing various compliance issues under the FLSA. The department says that the release of the letters “demonstrates its continued commitment to providing meaningful compliance assistance to help employees understand their rights and ensure that employers have the information they […]