While the sweltering roil of temporary regulatory changes related to the COVID-19 pandemic may have cooled and the initial burst of SECURE 2.0 steam begins to dissipate, sponsors of employee benefit plans should keep their eyes on several hot button issues during the remainder of 2024 as these issues continue to percolate.

Continue Reading Caution! Contents Hot: Key Benefits Issues to Watch During the Remainder of 2024

On April 1, the Occupational Safety and Health Administration (OSHA) published its Worker Walkaround Representative Designation Process Rule, which is set to take effect 30 days after its publication in the Federal Register on May 31, 2024. The new rule broadens workers’ rights to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.

Continue Reading Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections

This post was updated on February 6, 2024, to reflect the 2024 Federal Poverty Level announced in January 2024.

On August 23, 2023, the Internal Revenue Service issued Rev. Proc. 2023-29, announcing that the Affordable Care Act (ACA) affordability threshold will be 8.39% for plan years beginning in 2024, a substantial decrease from the 9.12% affordability threshold set for plan year 2023. This marks the largest change yet in the affordability thresholds year-over-year. The affordability threshold is used to determine whether employer-sponsored health coverage is affordable for purposes of the ACA’s employer-shared responsibility provisions.

Continue Reading UPDATE: Planning for Open Enrollment? Note the ACA Affordability Threshold Drop

On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”

Continue Reading A Cautionary Tale Regarding the “Reasonable Belief” Doctrine

As we kick off a new year, there are already a number of recent decisions at the state and federal levels impacting future considerations for employers and workplace policy.

We invite you to join the Bass, Berry & Sims labor & employment attorneys for a lively presentation as they discuss the significant legal developments impacting employers as we look ahead to 2024.

Continue Reading Register Now: New Year…New Laws…New Challenges for Employers Webinar

The U.S. Department of Labor (DOL) issued its Final Rule regarding the test for independent contractor classification.  The Final Rule, which becomes effective March 11, 2024, largely mirrors the DOL’s proposed rule announced in 2022 and sets forth a multi-factor “totality of the circumstances” economic realities framework for analyzing whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).

Continue Reading DOL Issues Final Rule Regarding Independent Contractor Classification

As we enter 2024, there are a few employment law issues to keep top of mind. Below is a list of the top five HR policies and key issues to review as we head into the New Year:

Continue Reading Top Five 2024 Employee Policies and Issues Check Up

I was quoted in a recent article published by Society for Human Resource Management (SHRM) exploring ways employers react to employees rescinding their resignation. In some cases, employers might allow the employee to stay, but I offered insight on the legal considerations when making this decision.

Continue Reading Ways Employers Can React to Employees Rescinding a Resignation

By December 31, 2023, group health plans and health insurance issuers must submit an attestation to certify compliance with the “gag clause prohibition” under the Consolidated Appropriations Act of 2021 (CAA).

Continue Reading Let the Plan Speak: First Gag Clause Attestation Due December 31, 2023