2023 presented employers with many new and difficult compliance challenges, including federal and state laws and regulations expanding worker protections, widespread adoption of artificial intelligence (AI) in the workplace, and increased enforcement actions by federal agencies. Employers have had to respond as courts and federal agencies addressed several hot-button issues. In addition to these novel…
On April 13, 2023, the Departments of Labor, Health and Human Services, and the Treasury (Departments) issued frequently asked questions (FAQs) regarding the Affordable Care Act’s (ACA) preventive care coverage requirement. The Departments issued these FAQs in response to a recent court decision from Texas (Braidwood Management Inc. v. Becerra) that invalidated a portion of…
The Biden administration had previously announced a May 11, 2023, end date for the national and public health emergencies (PHE). Still, the signing of the bipartisan legislation terminates the national emergency as of April 10, 2023. The PHE is still scheduled to end on May 11, 2023. On Jan. 30, 2023, the Biden Administration announced…
On April 28, 2020, the Departments of Labor (DOL) and the Treasury (Departments) issued deadline relief to help employee benefit plans, plan participants, and plan service providers impacted by the COVID-19 outbreak. This Compliance Overview summarizes the participant deadline extensions affecting COBRA continuation coverage, special enrollment periods, claims for benefits, appeals of denied claims, and…
Under most state workers’ compensation (WC) laws, COVID-19 may be a compensable, work-related condition only if an employee can show that: He or she contracted coronavirus while performing services growing out of and incidental to their employment; and The disease arose out of that employment (work-relatedness). As of June 30, 2020, however, several states…
On June 18, 2020, the Occupational Safety and Health Administration (OSHA) released guidance to help employers plan how to reopen nonessential businesses. The guidance also addresses issues employers should consider as they ask their employees to return to work during the COVID-19 pandemic. OSHA’s publication of guidelines for reopening nonessential businesses includes charts, examples,…
The U.S. Department of Labor (DOL) has issued frequently asked questions (FAQs) that address which employers are covered by the paid leave requirements of the Families First Coronavirus Response Act (FFCRA). The FFCRA requires covered employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to…
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, provides federal funding to expand the availability of unemployment insurance (UI) benefits during the coronavirus (COVID-19) public health emergency. Under this law, virtually all types of workers, even those who otherwise would not qualify for UI benefits, may receive payments for…
The U.S. Department of Labor (DOL) has issued temporary regulations under the Families First Coronavirus Response Act (FFCRA). The FFCRA created new employer requirements to provide paid sick leave and partially compensated, expanded FMLA leave for reasons related to the COVID-19 pandemic. The regulations include important clarifications to the law and earlier DOL guidance on…
Under the Coronavirus Aid Relief and Economic Security Act (CARES Act), eligible employers that keep employees on their payroll for specified reasons related to COVID-19 are eligible for employee retention tax credits. This Compliance Bulletin provides the Internal Revenue Service’s (IRS) answers to frequently asked questions (FAQs) on how the CARES Act retention tax credits…