Monthly Archives: June 2014

Don’t Become the Latest DOL Press Release: On-Site FMLA Investigations

June 26th, 2014

The new Department of Labor FMLA Branch Chief is calling 2014 a “pivotal” year for FMLA enforcement through a renewed focus on conducting compliance investigations with an emphasis in on-site FMLA visits. Going forward, the DOL has the authority to come on-site whenever it deems appropriate. The DOL states that the standard request for information will...

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Update on the IRA ‘One Rollover a Year’ Rule

June 26th, 2014

The U.S. Tax Courtmade a controversial ruling in January that contradicted an IRS publication designed to explain the law to taxpayers. In Bobrow, the court ruled that the one-rollover-per-year rule applies to all of taxpayer’s individual retirement accounts (IRAs) in aggregate, rather than on an account-by-account basis. This ruling is significant for taxpayers with several...

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Is Severe Obesity Protected by the ADA? Some Courts Say ‘Yes’

June 25th, 2014

Last month, a U.S. District Court rejected an employer’s petition to dismiss a case brought by Joseph Whittaker, a severely obese employee, who had been terminated. Whittaker had worked seven years for the company before his termination. The employer maintained the employee was unable to perform his job due to his limited mobility. (Joseph Whittaker...

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BASIC’s Absence Management: Simplify & Improve Employer Administration

June 25th, 2014

Managing multiple employee leaves can present a huge drain on human resources in companies of any size. Between 4% and 10% of U.S. employees are absent on any given day according to Employee Benefit News, September 2010. Many of these leaves are left undocumented, which means employers do not have complete data on the number...

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Amending the regulatory definition of spouse under the FMLA

June 23rd, 2014

Last year, in United States v. Windsor, the Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. President Obama said: This ruling is a victory for couples who have long fought for equal treatment under the law, for children whose parents’ marriages will now be recognized, rightly, as legitimate;...

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Pre-tax individual healthcare premiums

June 16th, 2014

Question:  Can an employer reimburse its employees for premiums on a pre-tax basis for purchasing individual market medical coverage Answer: No. In IRS Notice 2013-54  & Technical Release 2013-3, the IRS and DOL prohibit the reimbursement of premiums for individual medical policies from health reimbursement arrangements and premium only plans. The IRS and DOL indicate that such arrangements...

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Instructions for filing the PCOR fees by July 31, 2014

June 4th, 2014

IRS has issued a revised Form 720 and instructions for filing the PCOR fees by July 31, 2014. Filers will enter covered-lives counts and applicable rates ($1 for plan years ending before Oct. 1, 2013; $2 for plan years ending on or after Oct. 1, 2013) in Part II of Form 720 (line 133) to...

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IRS Releases Q&As on Reimbursing Individual Health Premiums

June 2nd, 2014

On May 13, 2014,  the IRS issued Q&A guidance restating the conclusion in Notice 2013-54, that an employer is considered to establish a type of group health plan-called an “employer payment plan”-if it reimburses employees’ premiums for individual health insurance policies. In Notice 2013-54, the IRS states that because employer payment plans cannot integrate with individual insurance policies, they...

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