Fact disputes surrounding employee’s three medical leaves send California leave law claims to jury

Addressing cross motions for summary judgment in a case in which an employee alleged his former employer interfered with his rights under the California Family Rights Act, retaliated against him for taking CFRA leave, and constructively discharged him, a federal court in California found, among other things, fact issues as to whether he was or […]

Lawsuit filed against Trump Administration on exemptions to contraceptive coverage rules

The National Women’s Law Center (NWLC) and Americans United for Separation of Church and State (AU) have filed a complaint against the Trump Administration’s interim final rules that allow employers and universities to cite religious or moral objections in order to be exempt from providing contraceptive coverage. The rules were published in the Federal Register […]

San Francisco issues 2018 employer health care spending rates

The City of San Francisco has announced the 2018 rates for its employer health care spending law, whereby employers must either contribute a specified amount toward their employees’ health care costs on a regular basis or pay into a city health care fund for San Francisco residents. Beginning January 1, 2018, the health care expenditure […]

House tax bill would eliminate favorable tax treatment for several fringe benefits

House Republicans on November 2 unveiled their much-anticipated tax reform legislation, the Tax Cuts and Jobs Act (HR 1). The 429-page bill represents the House Ways and Means Committee’s first legislative offer to significantly overhaul the U.S. Tax Code. The measure contains several benefits-related items highlighted below. Dependent care assistance. The value of employer-provided dependent […]

IRS provides extensive new guidance on Qualified Small Employer Health Reimbursement Arrangements

The IRS has issued guidance on the requirements for providing a qualified small employer health reimbursement arrangement (QSEHRA), the tax consequences of the arrangement, and the requirements for providing written notice of the arrangement to eligible employees. The guidance covers eligible employers and employees, the “same terms” requirement, the statutory dollar limits, written notice requirement, […]

Chronic back condition, disputed notice issues leave FMLA claims standing

FMLA interference and retaliation claims of a terminated manufacturing employee would survive summary judgment, ruled a federal district court in Kentucky. The employee’s spinal arthritis, lumbago, and muscle spasms qualified as a chronic serious health condition for which he had twice visited his physician and was receiving medication. Given that the employee called in every […]

State university hospital immune from FMLA suit, but claims against individual supervisors survive

A discharged University of New Mexico hospital employee could not proceed with his FMLA claims against the state entity, but he could move forward with his FMLA claims against his supervisors, a federal district court in New Mexico ruled. The court partially granted the employers’ motion to dismiss, finding that the hospital had sovereign immunity […]

Five tips for improving employee benefits programs

Most employers are either totally frustrated at their employee benefits program or are frozen in place waiting to hear about the next round of Congressional votes, according to Rob Pariseau, executive vice president of Lykes Insurance, a Florida-based commercial insurance firm. “This is actually a good time for employers to take a step back and […]

Employer premiums rise nearly 7% in 2017 as employees absorb more of health insurance cost

Premium renewal rates (the comparison of similar plan rates year over year) for employer sponsored health insurance rose an average of 6.6%-a significant increase from the five-year average increase of 5.6%, according to the 2017 United Benefit Advisors (UBA) Health Plan Survey, released October 26. Two states saw record premium increases: Connecticut saw a 24% […]

Taxpayer Advocate Service has self-help tools to assist employers with complex ACA requirements

The Taxpayer Advocate Service has announced that they have recently developed a tool to help employers understand how the provisions of the employer shared responsibility provision (ESRP) under Code Sec. 4980H apply to their organization. The ESRP applies to applicable large employers (ALEs) – generally, that means employers that had an average of at least […]