On March 27, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act comes as a continued response to the Coronavirus 2019 (COVID-19) pandemic that is significantly impacting the United States. The Act is a $2.2 trillion economic package that is meant to stabilize individuals and employers, …

Read moreLegal Alert: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

This alert was revised on April 10, 2020.  The Department of Labor (DOL) has released several updates to their Families First Coronavirus Response Act Questions and Answers. Clarification was provided on how FMLA and EFMLEA apply to leaves and the 12-month period. A link to the Q&A is provided here and below.  While these issues …

Read moreLegal Alert: How Does FMLA and EFMLEA Apply to Leaves?

Updated 04/01/20 Which Employers Are Subject To The Act? The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020. That law includes the new Emergency Paid Sick Leave Act (EPSL) and the Emergency Family and Medical Leave Expansion Act (EFMLA). The benefits and eligibility of those Acts are discussed in …

Read moreLegal Alert: What Employers are Subject to the Families First Coronavirus Response Act (FFCRA)?

The Department of Labor (DOL) released the notice that employers are required to post in their workplaces in relation to the Families First Coronavirus Response Act (FFCRA). A copy of the notice can be downloaded by clicking here. While the notice technically must be posted in a “conspicuous place in the physical workplace," we understand that many …

Read moreLegal Alert: FFCRA Employee Notice

This article was last review on April 10, 2020. When an employee takes an unpaid leave of absence, the question arises on how an employer should collect benefit premium payments to continue benefits during that time. The only regulatory guidance on this comes from the original Family and Medical Leave Act (FMLA) regulations. Following those, employers …

Read moreLegal Alert: Collecting Premiums During Employee’s Leave of Absence

This alert was updated on 04/16/20.  As employers work to stay financially solvent during the COVID-19 pandemic, many are looking to change their health plan designs in order to ensure employees have access to the care they need while balancing the financial impact on the business. For instance, employers may be looking to:  Reduce the …

Read moreLegal Alert: Notice Requirements When Making Health Plan Design Changes

In the wake of the COVID-19 pandemic, many employers are dealing with how to handle Dependent Care Assistance Programs (DCAPs) when employees are no longer working and not in need of childcare, or alternatively, an employee’s childcare program/center/provider has closed due to the pandemic. DCAPs, sometimes referred to as “dependent flex spending accounts” are an …

Read moreLegal Alert: Dependent Care Assistance Programs & COVID-19

This alert was updated on 5/13/2020. In the wake of the COVID-19 pandemic, many employers are dealing with how to handle employees requesting to make changes to their Section 125 or Cafeteria Plan elections. For instance, an employee's Dependent Care Assistance Program (DCAP) election when they are no longer working and not in need of childcare, …

Read moreCOVID-19 and DCAPs, FSAs, and Transit Benefit Concerns

On March 18, Congress passed, and President Trump signed into law, the Families First Coronavirus Response Act (FFCRA). The FFCRA is a bipartisan effort to help employers and individuals alike in managing pay, benefits, and business considerations during the COVID-19 pandemic. The focus of this alert is the impact of FFCRA on employer-sponsored benefits and …

Read moreCongress Passes Families First Coronavirus Response Act

Many employers that sponsor group health plans have portions of their employee population that are not eligible for the group health plan, typically because they are part-time employees. Employers sometimes wish to give these part-time employees something to assist them with their health care needs or expenditures, and it can be tempting to offer that …

Read moreOffering Telehealth to Employees Not Eligible for Group Health Plans