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As we discussed with attendees at our most recent health care reform compliance seminar in June, we wanted to make the presentation available to the readers of our blog. You can access the PowerPoint, “Countdown to 2014: PPACA Compliance Priorities for Employers,” by clicking through to this blog post.
Continue Reading PPACA Presentation – Countdown to 2014: PPACA Compliance Opportunities for Employers

Many employers received a welcome, though temporary, reprieve yesterday, when the U.S. Department of the Treasury announced a one-year delay in the effective date of one of the key requirements of the Patient Protection and Affordable Care Act – the employer “shared responsibility” requirements (a.k.a. “pay or play”).
Continue Reading PPACA Update: Employer Shared Responsibility Mandate Delayed Until 2015

Last week, the Supreme Court of the United States struck down as unconstitutional a key provision of the Defense of Marriage Act (DOMA) that defined “marriage” for purposes of over 1,100 federal laws as a legal union between a man and a woman. With the Court’s decision, same-sex couples that are legally married under state law are now entitled to the same treatment under federal law as opposite-sex married couples. Chief among the benefits now available to same-sex married couples are equal treatment under the country’s immigration and tax laws and equal rights to participate in its federal health and welfare programs. The Court’s decision striking down DOMA also will have a significant impact on the rights of same-sex married couples under various federal laws relating to employment.
Continue Reading Pennsylvania Employers Left Wondering How They Are Affected by the Supreme Court’s Decision on DOMA

Although the Patient Protection and Affordable Care Act is now over three years old, the Act’s core requirements will not take effect until 2014. The last half of 2013 should be a “wild ride” as the federal agencies charged with implementing the Act scramble to prepare for 2014 and employers weigh their compliance options. Recently, attorneys in McNees Wallace & Nurick LLC’s Labor and Employment Law Group prepared a white paper entitled: “Health Care Reform Update: Countdown to 2014.” The White Paper is part of our ongoing PPACA series that is intended to keep clients abreast of recent developments and things to watch for as we count down to 2014. This installment addresses:

1. PCORI Fees: July 2013 Filing Deadline
2. Compliance Loopholes, Shortcuts and Silver Bullets
3. Update on Required Notice of Health Care Exchanges
4. Final Wellness Program Regulations…
Continue Reading Health Care Reform Update: Countdown to 2014

This post was contributed by Stephen R. Kern, Esq., a Member in the Employee Benefits Practice Group.

The U.S. Department of Labor (the "DOL") has recently enhanced its enforcement activities with respect to group health plans by significantly increasing the number of audits it is conducting. In addition, the DOL’s audit letters contain significant document requests …

In the past year there has been a flurry of activity in the courts and the General Assembly surrounding the availability of unemployment compensation benefit to employees within the state. To start off 2012, amendments to the Pennsylvania Unemployment Compensation Law (“Act 6” or “amendments”) took effect and imposed a requirement that claimants “mak[e] an active search for suitable employment” in order to be eligible for UC benefits. Prior to Act 6, Pennsylvania was the only state that did not require a UC claimant to search for work in order to qualify for benefits. Act 6 directed the state’s Department of Labor and Industry (“L&I”) to establish the specific search efforts necessary for a claimant to satisfy the active search requirements…
Continue Reading Pennsylvania Regulatory Review Panel Disapproves of L&I’s New UC Active Work Search Requirements

Historically, in determining whether an employee discharged for absenteeism and tardiness was eligible for unemployment compensation benefits, the court’s analysis had focused on the final incident that led to termination. Specifically, even where the employer could point to a pattern of excessive absenteeism as the cause for discharge, the employee was not disqualified from receiving benefits if the last absence was justified. Late last year, however, the Commonwealth Court of Pennsylvania issued a decision that appears to undermines this “last in time” approach.
Continue Reading Employee’s History of Absenteeism Sufficient to Deny UC Benefits Even if Final Incident Justified

In 2009, the Family and Medical Leave Act was amended to expand military leave entitlements available under the Act. Last week, the Department of Labor issued new regulations implementing and clarifying these amendments. In conjunction with these new regulations, the DOL has made revisions to its mandatory poster–Employee Rights and Responsibilities under the FMLA. Employers must begin using the updated poster no later than March 8, 2013.
Continue Reading Employers Required to Display New FMLA Poster by March 8, 2013

Late last week, the Departments of Labor, Treasury, and Health and Human Services issued a new Frequently Asked Question (“FAQ”) page addressing implementation questions under the Patient Protection and Affordable Care Act (“PPACA”).  Of particular note in the latest FAQ is the Departments’ announcement is the delayed effective date for the written notice of …

On December 28, 2012, the Internal Revenue Service (“IRS”) issued long-awaited proposed regulations regarding the “shared responsibility” penalty provisions of the Patient Protection and Affordable Care Act (“PPACA”). In addition to consolidating prior IRS guidance on the subject, the proposed regulations also contain some surprising interpretations of PPACA’s penalty provisions. Employers will likely be pleased by some of these interpretations and disappointed with others.
Continue Reading IRS Proposed Regulations On PPACA’S Shared Responsibility Provisions Full of New Year Surprises (Some Good For Employers – Some Not)