On Nov. 5, 2019, the DOL published a proposed rule to update the “fluctuating workweek” method for calculating employee overtime wages under the FLSA. The proposal would enable employers to give incentive payments to employees who are paid under the fluctuating week method.
On Nov. 13, 2019, the IRS released draft 2019 forms and instructions for ACA reporting under Code Sections 6055 and 6056. The 2019 draft forms and instructions are substantially similar to the 2018 final versions. Note that Section 6055 reporting continues to be required, despite the fact that the individual mandate penalty has been reduced to $0. This ACA Compliance Bulletin provides an overview of the draft forms and instructions.
On Oct. 15, 2019, a federal court vacated parts of the ACA's Section 1557 nondiscrimination regulations. Specifically, court eliminates provisions related to gender identity and termination of pregnancy. This ACA Compliance Bulletin provides an overview of the court's ruling.
On Sep. 24, 2019, the DOL issued a new rule to increase the salary thresholds for the overtime “white collar” exemptions under the FLSA. This Compliance Bulletin provides the DOL's answers to frequently asked questions regarding this new rule.
On Sept. 4, 2019, the IRS issued Notice 2019-50 to index the applicable health insurance providers fee amount for 2020 under the ACA. Although employers are generally not responsible for paying this fee, insurers may pass the cost onto policyholders through premium increases. This ACA Compliance Bulletin provides an overview of the health insurance providers fee.
The DOL recently proposed changes to the model forms that many employers use to administer FMLA leaves. According to the DOL, these changes would increase compliance with the FMLA because they would make the forms easier to use. This Compliance Bulletin summarizes these proposed changes.
Employers that sponsor group health plans should provide certain benefit notices in connection with their plans’ open enrollment periods. This Compliance Overview includes a chart that summarizes the benefit notices that employers should provide in connection with their 2020 open enrollment periods.
The DOL recently issued an opinion letter clarifying that an employee’s need to attend school meetings addressing the educational and special needs of her children is a qualifying reason for taking FMLA leave. This Compliance Bulletin summarizes the DOL's interpretation of the FMLA.
Employers with employee benefit plans that operate on a calendar year basis must file their Forms 5500 with the DOL by July 31. An employer may extend this deadline by two and one-half months (until Oct. 15) by filing IRS Form 5558. This Compliance Bulletin summarizes the Form 5500 filing requirement and highlights the deadlines for calendar year plans.
On May 13, 2019, Washington State enacted a new law that requires certain employers to train their employees on how to prevent sexual assault and harassment. The law also requires employers to adopt a workplace policy and provide resources and panic buttons to certain isolated employees. This Compliance Bulletin provides an overview of the new law.
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