California announces new electronic payment options; future penalties

California has announced two new electronic payments options and is also reminding employers on upcoming penalties for non-compliance. Express Pay. Employers have a new quick and convenient payment option available through the EDD website called Express Pay. Employers can now simply enter their Account or Letter ID and payment information to make a payroll tax […]

Pension & Benefits NetNews – July 10, 2018

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National Business Group on Health recommends employers discuss opioid use for pain management with health plans, PBMs

Calling the misuse and abuse of opioids a national issue that profoundly impacts employees, their families and employers, the National Business Group on Health, a non-profit association of more than 420 large U.S. employers, is recommending employers work with their health plans and pharmacy benefits managers (PBMs) to assure they are implementing national guidelines for […]

Alaska regulations protect employees’ rights to keep tips

The Alaska Department of Labor and Workforce Development has finalized regulations to protect employees’ right to keep the tips they receive on the job. The new regulations, which go into effect June 29, prohibit employers from redistributing employees’ tips among other workers. In 2017, the United States Department of Labor proposed regulations that would allow […]

Industry groups comment on mental health guidance

The ERISA Industry Committee (ERIC) and the American Benefits Council have filed comments with the Departments of Health and Human Services, Labor, and Treasury on mental health parity compliance. In April, the Departments released frequently asked questions, disclosure forms, a self-compliance took, fact sheet, and report to Congress related to requirements under the Mental Health […]

U.S. Sup. Ct.: Tip-pooling challenges dropped

The Supreme Court has denied the petitions for certiorari filed by Wynn Las Vegas and the National Restaurant Association (and others) in consolidated cases that challenged a controversial Obama-era tip pooling rule that has since been rescinded and replaced by new provisions. The tip pooling rule took a series of twists and turns that went […]

Confusion as to counting absences avoids dismissal of FMLA interference and retaliation claims but discharge claim fails

On dueling motions for summary judgment, a federal district court in Virginia found that a welder’s FMLA interference and retaliation claims survived because it was unclear whether his employer, Volvo, had properly counted absences that qualified under the FMLA before putting the worker on probation for excessive unexcused absences. However, the court granted summary judgment […]

NY DOL clarifies “hours worked” for home health workers

The New York Department of Labor (DOL) has issued an emergency regulation to clarify that hours worked for home care aides who work shifts of 24 hours or more may exclude meal periods and sleep times. It was determined that the emergency regulation was needed in the face of recent decisions by the State Appellate […]

Successor employer’s delay in reinstating butcher might be FMLA interference, but no retaliation found

A grocery store butcher whose store was bought by another company while he was on FMLA leave can advance his claims that his FMLA rights were interfered with when he was asked to attend an orientation session and then faced a month-and-a half-delay in returning to work. He also made similar claims under New Jersey […]

Michigan adjusts wage payment law

Michigan has adjusted its wage payment provisions. Employers are required to pay the wages earned by the employee during the first 15 days of the preceding calendar month on or before the first day of each calendar month. In addition, employers are required to pay the wages earned by the employee the wages earned by […]