Category: Rules & Regulations

DOL Announces New Standard for Unpaid Interns

April 9, 2018 by in category Rules & Regulations

On Jan. 5, 2018, the U.S. Department of Labor (DOL) announced that it would adopt a new standard for determining whether interns and students are “employees” who must be paid under the Fair Labor Standards Act (FLSA). The DOL clarified that, going forward, it would abandon its six-part test and instead adopt the “primary beneficiary” […]

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New Rules for Disability Claims Will Take Effect on April 1, 2018

March 27, 2018 by in category Rules & Regulations

On Jan. 5, 2018, the Department of Labor (DOL) announced that, effective April 1, 2018, employee benefit plans must comply with new requirements for disability benefit claims. In 2016, the DOL released a final rule to strengthen the claims and appeals requirements for plans that provide disability benefits and are subject to the Employee Retirement […]

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Court Orders EEOC to Reconsider Wellness Rules

October 18, 2017 by in category Rules & Regulations, Uncategorized

The U.S. District Court for the District of Columbia has issued a ruling affecting the Equal Employment Opportunity Commission’s (EEOC) final wellness rules. In AARP v. EEOC, the court directed the EEOC to reconsider its final wellness rules under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The final rules […]

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DOL Considers Issuing New Overtime Rule

October 7, 2017 by in category Rules & Regulations

Overview On July 26, 2017, the U.S. Department of Labor (DOL) published a request for information (RFI) regarding the overtime exemptions for executive, administrative, professional, outside sales and computer employees. The purpose of an RFI is to gather information from the public before formulating a proposal to amend the Fair Labor Standards Act (FLSA) or […]

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Social Media: What You Can and Can’t Post

August 3, 2017 by in category Rules & Regulations

Employees often write posts about the company on social media sites. Do I have the authority to monitor this and discipline an employee if negative comments are made, even though it’s outside of working hours? An employee’s right to comment on his or her employer may be protected by the National Labor Relations Act (NLRA). […]

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House Passes Changes to Overtime Rules

July 20, 2017 by in category Rules & Regulations

Overview On May 2, 2017, the House of Representatives passed the Working Families Flexibility Act (also known as H.R. 1180). If approved, H.R. 1180 would authorize private employers to offer compensatory time instead of overtime pay for nonexempt employees who work more than 40 hours per week. H.R. 1180 still needs approval from the Senate […]

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Market Stabilization Final Rule Issued

May 19, 2017 by in category Affordable Care Act, Rules & Regulations

Overview On April 14, 2017, the Department of Health and Human Services (HHS) issued a market stabilization final rule under the Affordable Care Act (ACA). The final rule includes new reforms intended to help lower premiums, stabilize the individual and small group health insurance markets and increase choices for the 2018 plan year. Specifically, the […]

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Preparing for and AVOIDING a DOL Audit

August 16, 2016 by in category Rules & Regulations

Rules & RegulationsBecause a DOL audit can disrupt an employer’s day-to-day business operations and possibly result in penalties (or other corrective action), it is important for employers to know how to prepare for, and potentially avoid, a DOL audit of their health plan. As a general rule, the best way to prepare for a DOL […]

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