Spencer’s Benefits NetNews – July 10, 2020

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Featured This Week

New Reports

  • Analysis: CDHPs, 6/20 (356.-1)

    (Read Cheetah) »

  • Analysis: HSAs, 6/20 (356.-5)

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  • Analysis: Preexisting condition exclusions, 6/20 (501.-15)

    (Read Cheetah) »

  • Analysis: Essential health benefits, 6/20 (541.-1)

    (Read Cheetah) »

  • News

    Supreme Court ruling allows moral exceptions to ACA contraception coverage mandate

    The U.S. Supreme Court held that government departments had the authority to provide exemptions from the regulatory contraceptive coverage requirements stemming from the Patient Protection and Affordable Care Act (ACA) for employers with religious and conscientious objections. In a 7-2 decision, the High Court found that the Departments of Health and Human Services (HHS), Labor, and the Treasury (Departments)—the Departments that jointly administer the relevant ACA provision—had the authority to exempt certain employers who have religious and conscientious objections from the “agency-created mandate.” The High Court reversed and remanded the Third Circuit U.S. Court of Appeal’s ruling, with instructions to dissolve the nationwide preliminary injunction.

            (Read Cheetah) »

    DOL’s proposed fiduciary rule would bar investment advisors from making ‘materially misleading statements’

    The Department of Labor is proposing a new fiduciary rule for investment advice fiduciaries. The much-anticipated proposal follows a colored history in which the Trump Labor Department refused to defend the Obama-era fiduciary rule after a panel of the Fifth Circuit U.S. Court of Appeals overturned it. Many, including Sen. Elizabeth Warren, have expressed concern about a replacement rule that would be too weak to protect investors, especially since the new rule would be developed under Secretary of Labor Eugene Scalia, who represented the U.S. Chamber of Commerce in its successful litigation to upend the Obama rule.

            (Read Cheetah) »

    Delivery contractor pays back wages after denying paid sick leave to employee ordered to self-quarantine

    After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Black Swan Inc. – a delivery service contractor based in Austin, Texas – has paid $800 in back wages to an employee for wrongly denying paid sick leave for a qualifying reason under the Emergency Paid Sick Leave Act (EPSLA) provisions of the Families First Coronavirus Response Act (FFCRA). FFCRA allows employees to take paid leave when advised by a health care provider to self-quarantine or while seeking a medical diagnosis.

            (Read Cheetah) »

    Half of employers still have traditional paid leave plans, survey finds

    Traditional paid leave plans (where all leave is in separate categories, such as sick and vacation) maintain a strong presence in the workplace, as 49 percent of employers responding to XpertHR’s 2020 Employee Benefits Survey noted they have this type of plan, compared with 44 percent who offer a paid time off (PTO) plan (where all or most leave is in a single PTO bank).

            (Read Cheetah) »

    DOL guidance clarifies FFCRA leave eligibility for kid’s camp closures

    With school and summer activity schedules greatly altered as America continues to re-open in the wake of the coronavirus, the Department of Labor’s Wage and Hour Division on June 26 issued Field Assistance Bulletin (FAB) 2020-4 to address school and camp or summer program closures—and what they mean. The FAB addresses how to determine paid sick or expanded family and medical leave eligibility under the Families First Coronavirus Response Act (FFCRA) based on the closure of summer camps, summer enrichment programs, or other summer programs.

            (Read Cheetah) »

    Trump Administration urges High Court to invalidate ACA

    The Trump Administration has filed a brief in support of a challenge to the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) arguing that “once the individual mandate and the guaranteed-issue and community-rating provisions are invalidated, the remainder of the ACA cannot survive.” A decision is expected in California v. Texas in the spring or summer of 2021.

            (Read Cheetah) »