Category: DOL

Employers See Increasing Numbers of Lawsuits Over Deficient COBRA Notices

Employers are seeing an increase in lawsuits from former employees alleging deficient Consolidated Omnibus Budget Reconciliation Act (COBRA) election notices, with statutory penalties of up $110 per person per day. These lawsuits are generally class actions and can result in significant attorneys’ fee awards for successful ex-employees. The fact employers are struggling to comply with […]

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DOL Issues Guidance on FMLA and Mental Health Conditions

The Wage and Hour Division of the U.S. Department of Labor (DOL) has released new resources on workers’ rights to leave under the federal Family and Medical Leave Act (FMLA) for mental health conditions. In a press release, the DOL said the publication of the new guidance was in recognition of Mental Health Awareness month. […]

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EEOC and DOL Issue Guidance on Artificial Intelligence and ADA Disability Discrimination

On May 12, 2022, the Equal Employment Opportunity Commission (EEOC) and U.S. Department of Labor (DOL) each issued new technical assistance documents about how employers’ use of artificial intelligence (AI) and other software tools to make employment decisions may result in unlawful disability discrimination under the Americans with Disabilities Act (ADA).  EEOC Guidance  The EEOC’s […]

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COBRA Confusion Continues to Challenge Employers

COBRA rules have changed over the past two years in order to recognize the complications accompanying the COVID-19 pandemic. The resulting confusion can result in penalties, medical claims, litigation, and class-action lawsuits.

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Small Businesses Should Understand Form 5500

Understanding Form 5500 is important to businesses with retirement plans. Among the many fiduciary responsibilities that must be reported on the Form 5500, plan sponsors must deposit employees’ salary or wage deferrals into their accounts as soon as administratively feasible, but no later than the 15th business day of the month following the month in which […]

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Mental Health Awareness Month of May

May is Mental Health Awareness month and a good month to reflect on the needs of our employees from a mental standpoint. The past year has been hard on us in many ways, but it is important to acknowledge the challenge that the COVID-19 pandemic has posed on us mentally. Many employees may have psychiatric […]

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Update: DOL Model Notices

DOL Issues Model Notices, FAQs for COBRA Subsidy in the ARPA On April 7, 2021, the U.S. Department of Labor (DOL) issued FAQs and model notices for the COBRA premium assistance provisions of the American Rescue Plan Act (ARPA). The ARPA provides a 100% subsidy for employer-sponsored group health insurance continued under COBRA and similar […]

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FFCRA Questions Keep Coming

Though it seems that COVID-19 has been top of mind for such a long time, new questions and COVID-19 related scenarios in the workplace keep coming.

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What Records To Keep – FFCRA

What records do I need to keep when my employee takes paid sick leave or expanded family and medical leave? Regardless of whether you grant or deny a request for paid sick leave or expanded family and medical leave, you must document the following: The name of your employee requesting leave; The date(s) for which […]

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New Q&As on COVID-19 Workplace Laws

DOL Releases More Q&As on Workplace Laws and COVID-19 Pandemic On July 20, 2020, the U.S. Department of Labor (DOL) announced the agency’s publication of additional guidance on applying federal employment laws in the context of the COVID-19 pandemic. The guidance is in the form of questions and answers added to sets of Q&As the […]

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COVID-19: DOL Helpful FFCRA Tool

DOL Launches Employee Tool for Assessing FFCRA Leave Eligibility The U.S. Department of Labor (DOL) has created an online tool to help workers determine whether they qualify for paid sick leave or expanded family and medical leave under the Families First Coronavirus Response Act (FFCRA). The tool works by posing a series of questions that […]

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DOL Revises the Fluctuating Workweek Overtime Method

On May 20, 2020, the U.S. Department of Labor (DOL) announced a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. The final rule clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating […]

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New Model COBRA Notice Released

Two New Model COBRA Notices Available from the Dept. of Labor The Department of Labor (DOL), through its Employee Benefits Security Administration (EBSA), has released updated versions of its model COBRA General Notice and model COBRA Election Notice, both with an expiration date of Jan. 31, 2023. To administer coverage under the Consolidated Omnibus Budget […]

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