Author name: dshipps

Common Employment Practices Claims Arising Out of COVID-19

As COVID-19 continues to spread throughout the United States, there has been a massive upheaval of the American workplace. Employers have found themselves drafting and implementing policies and procedures addressing a wide array of issues including remote work, layoffs, furloughs, pay cuts, workplace conditions and many more. Not surprisingly, the uncertainty wrought by COVID-19 has

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HHS 2021 Health Plan “Parameters” Raise Out-of-Pocket Maximums

On May 14, the Department of Health and Human Services (HHS) published in the Federal Register its Notice of Benefit and Payment Parameters for 2021 final rule and posted an accompanying fact sheet. The 2021 annual out-of-pocket (OOP) maximums for non-grandfathered group health plans will increase by approximately 4.9 percent over this year’s limits: Self-only

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COVID-19 and Late Remittances of Employee Deferrals to 401(k) Plans

Many employers facing economic challenges because of COVID-19 have considered several possibilities for reducing their contributions to employees’ 401(k) plans. Whether freezing safe harbor matching or nonelective contributions or deciding against making discretionary matching and/or profit-sharing contributions, the goal has been the same: reduce their employee benefits costs. What many employers have not focused on

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New COVID-19 Guidance for Section 125 Mid-year Election Change Rules

On May 12, 2020, the IRS released Notice 2020-29, which provides temporary flexibility for mid-year election changes under a Section 125 cafeteria plan during calendar year 2020. The changes are designed to allow employers to respond to changes in employee needs as a result of the COVID-19 pandemic. This guidance relates to mid-year elections for

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IRS Allows Midyear Enrollment and Election Changes for Health Plans and FSAs

On May 12, the IRS released two notices allowing employees during 2020 to make changes to their enrollments in employer-sponsored health plans and to adjust pretax contributions to health flexible spending accounts (health FSAs) and dependent care flexible spending accounts (dependent care FSAs). These changes, which apply only to plan year 2020, had been advocated

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Conducting a Remote Layoff

Conducting a layoff is never easy—and conducting a layoff virtually adds new challenges for employers. While difficult for both the employer and employees effected, employers can improve this process by utilizing best practices. Effective remote layoffs can ease this difficult time for laid-off employees, while avoiding risk for the employer. What Are Layoffs?Layoffs are mass

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