In-depth Analysis: The New Independent Contractor Rule’s 6 Economic Reality Factors The U.S. Department of Labor (DOL) recently issued a final rule rescinding and replacing the current independent contractor rule that was published on Jan. 7, 2021. This new rule changes the agency’s guidance on how to analyze who is an employee or independent [...]
The U.S. Department of Labor (DOL) has released the results of its Employee Benefits Security Administration’s (EBSA) enforcement actions during fiscal year(FY) 2023. Through its enforcement of the Employee Retirement Income Security Act (ERISA),the EBSA oversees approximately 2.8 million health plans, 765,00 private pension plans, and 619,000 other welfare benefit plans. According to the audit, [...]
When it comes to marijuana legalization, federal and state laws remain largely at odds. This infographic highlights federal and state legislation that may affect employers who test employees or job applicants for marijuana use. Federal Laws The following federal legislation applies to marijuana use and testing: The Controlled Substances Act (CSA) is a federal law [...]
The Biden administration warned U.S. businesses and health insurance providers that limiting coverage of contraceptives after a U.S. Supreme Court ruling that overturned the constitutional right to abortion would violate federal law. The U.S. Department of Health and Human Services and the Departments of Labor and Treasury issued guidance clarifying that the Affordable Care Act [...]
On Jan. 12, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it will open four equal employment opportunity (EEO) data collections in 2021. The agency had previously delayed EEO collections in May 2020 due to the coronavirus pandemic. Reporting will now resume according to the following schedule: April 2021: Private employers and federal [...]
On Jan. 28, 2021, President Joe Biden issued an executive order that is intended to strengthen the Affordable Care Act (ACA) and Medicaid. Exchange Special Enrollment Period This executive order directs the Department of Health and Human Services (HHS) to consider establishing a special enrollment period through Federally Facilitated Exchanges due to the coronavirus (COVID-19) [...]
On Feb. 26, 2021, the Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued Disaster Relief Notice 2021-01 to provide guidance on the duration of the COVID-19-related relief regarding certain employee benefit plan deadlines during the Outbreak Period. The relief requires employers to disregard the Outbreak Period when enforcing certain employee benefit plan deadlines [...]
On Jan. 28, 2021, the Centers for Medicare & Medicaid Services (CMS) announced a new special enrollment period (SEP) due to the coronavirus (COVID-19) pandemic through Exchanges using the federal www.HealthCare.gov platform. States using their own Exchange platforms are strongly encouraged to make a similar SEP available in their states. Overview of the COVID-19 SEP [...]
On Sept. 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule to clarify how employers should classify their workers as either employees or independent contractors. Accurate worker classification enables employers to determine which obligations, protections, rights and benefits apply to their employees under the law. Economic Realities Test Currently, there is no [...]
On Feb. 26, 2021, the Departments of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance to clarify health coverage requirements related to COVID-19. Coverage of COVID-19 Diagnostic Testing Health plans and issuers must cover COVID-19 diagnostic items and services without cost-sharing. The FAQs explain that plans and issuers: May not use [...]
