Join us in Nashville on January 29 for a complimentary seminar reviewing 2018 employment law developments and looking forward to issues likely to be further addressed in 2019.
7:30 a.m. – 8:00 a.m. Registration and Breakfast
8:00 a.m. – 10:30 a.m. Program
This event will be held at our Nashville Bass, Berry & Sims office.
Topics will include: Continue Reading EVENT: Labor and Employment Law Update – 2018 in Review and What’s to Come in 2019
On November 29, we participated in a webinar sponsored by Bright Horizons about employer-sponsored student loan repayment benefits. In order to help employees faced with mounting student debt, employers are offering creative solutions that help attract and retain workers. Earlier this year, healthcare company Abbott announced a program in which the company will contribute 5% of employees’ pay to their 401(k) as long as the employee pays at least 2% of his/her salary toward student loan debt.
This creative approach has benefits all-around. However, implementing these types of programs will require work on the part of employers. Susie cautioned that “such plans will need, among other things, processes for enrollment and opting out.” Doug added that “There are going to be administrative hurdles. So finding a knowledgeable third party administrator is going to be helpful for anyone trying to implement these.”
Bright Horizons provided a full recap of the webinar on their blog, “Student Loan Repayment Programs and 401(K)s: What You Need to Know.“
As the end of the calendar year approaches, sponsors of qualified retirement plans should consider whether their plan documents require updates to comply with important legal changes and deadlines. Below is a summary of some key legal developments that may impact your plan:
Continue Reading Qualified Retirement Plans: Recent Updates and Action Items
In an article published by Managed Healthcare Executive, I discussed the potential impact of a recently proposed regulation from the U.S. Departments of the Treasury, Health and Human Services and Labor that expands the usability of health reimbursement arrangements (HRA). The new rule as proposed would apply for most health plans beginning January 1, 2020, and would be particularly beneficial to employees of small employers who are not required to offer health plan coverage to their full-time employees under the ACA. Continue Reading Looser Restrictions on HRAs on the Horizon
In a Law360 article, I provided insight on the Department of Labor’s (DOL) proposed regulations on retirement plans that would make it easier for companies to join existing retirement plans or join forces to generate new ones – which has the potential to broaden the availability of workplace retirement plans to allowing small businesses. Under the proposed regulations, “a group of unrelated employers could now have a single ERISA plan,” I explained.
Continue Reading DOL Proposes Easing Retirement Plan Regulations
We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we have prepared an Automatic Participant Disclosures Checklist for use during open enrollment and throughout the plan year.
If you have questions regarding the information in this checklist, please contact any of the attorneys in our Employee Benefits Practice Group.
On August 31, 2018, President Trump signed an executive order authorizing the U.S. Department of Labor (DOL) and the U.S. Department of the Treasury to evaluate expanding access to 401(k) retirement plans. The order is designed to cut some of the administrative burdens and costs that prevent smaller employers from offering 401(k) plans to their employees. The Trump administration noted that in 2017, roughly 89 percent of larger employers offered retirement plans compared to only 53 percent of small employers (those with fewer than 100 employees).
The executive order directs the agencies to consider two main issues:
Bass, Berry & Sims invites you to a complimentary seminar focusing on trending areas of labor & employment law.
Topics will include:
EVENT DETAILS:
Continue Reading EVENT: Labor and Employment Law Update – August 28
The recent Sixth Circuit opinion in Hostettler v. The College of Wooster, No. 17-3406 (6th Cir. July 17, 2018), is a cautionary tale for employers faced with a full-time employee seeking a modified work schedule as an accommodation for a disability under the Americans with Disabilities Act (ADA).
An HR Generalist for the College, Hostettler was unable to return to work full time after the conclusion of her 12 weeks of maternity leave because of postpartum depression and separation anxiety. The district court granted summary judgment to the College, finding that full-time work was an essential function of the position and that Hostettler was not a qualified individual under the ADA because she could not perform that essential function.
Continue Reading Is a Reduced Work Schedule for a Full-Time Employee a Reasonable Accommodation?
In an article published in the Nashville Business Journal’s Largest Employers special report on July 6, 2018, I provided a column highlighting three important questions for employers to ask as they strive to reduce harassment in the workplace and cultivate a healthy workplace environment. The effectiveness of an anti-harassment policy often comes down to employee perception of how the policy is enforced, trained and embraced by leadership, so it is important that employers are mindful of the answers to these questions: