Monthly Archives: July 2014

Curbing Employee Absence Abuse with BASIC

July 25th, 2014

An employee’s ability to sporadically take small increments of FMLA leave not only generates administrative headaches for employers, but also raises concerns about employee absence abuse. FMLA offense most commonly occurs with manufactures, retail companies, unions, school districts and city officials. With leave on the rise, HR departments are realizing their recordkeeping and management of...

Read more

Hobby Lobby Case Puts the Supreme Court Focus on Religious Bias

July 25th, 2014

As a reminder, in the case involving the Hobby Lobby retail chain, the U.S. Supreme Court upheld the right of a private, closely held corporation to exclude certain birth control methods from its list of wellness benefits under the Affordable Care Act. Specifically, the birth control methods at issue are those that the Hobby Lobby owners believe to induce...

Read more

IRS Clarifies Its Position on Contributing to Employee Health Coverage

July 24th, 2014

Last year, the IRS spelled out how it would treat employer contributions to employees to help them buy coverage on their own. More recently, it reiterated its position in Q&A format. The question the IRS posed to itself: What are the consequences to the employer if the employer does not establish a health insurance plan...

Read more

Supreme Court: Inherited IRAs Don’t Qualify for Bankruptcy Exemption

July 24th, 2014

The U.S. Supreme Court has held — in a unanimous decision — that inherited IRAs do not qualify for an exemption from the bankruptcy estate. Therefore, they are not protected from creditors in bankruptcy. The case, Clark v. Rameker, has significant implications for inherited IRAs. Facts of the Case In 2001, Heidi Heffron-Clark inherited her...

Read more

FAQ regarding implementation of the Affordable Care Act

July 21st, 2014

Set out below is an additional Frequently Asked Question (FAQ) regarding implementation of the Affordable Care Act. This FAQ has been prepared by the Departments of Labor, Health and Human Services (HHS), and the Treasury (collectively, the Departments). Like previously issued FAQs (available at http://www.dol.gov/ebsa/healthreform/), this FAQ answers a question from stakeholders to help people...

Read more

FAQs Released About FMLA Leave and Same-Sex Spouses

July 18th, 2014

1. Q. What regulatory change is the Department proposing? A. The Department is proposing to revise the definition of spouse under the FMLA in light of the United States Supreme Court’s June 2013 decision in United States v. Windsor. The Windsor decision found Section 3 of the Defense of Marriage Act (DOMA), which generally limited...

Read more