Tag Archives: employee benefits

Employee Benefits Crash Course Webinar Series: Hot New Benefits

Our Employee Benefits and Executive Compensation practice now offers on-demand “crash courses” on diverse topics. You can access these courses on your own schedule. Keep up to date with the latest trends in benefits and compensation, or obtain an overview of an important topic addressing your programs.

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NYC Commission on Human Rights Adopts Rules Establishing Broad Interpretation of Laws Prohibiting Gender Discrimination

The New York City Commission on Human Rights (the “Commission”) has adopted new rules (“Rules”) which establish broad protections for transgender, non-binary, and gender non-conforming individuals. The Rules, which define various terms related to gender identity and expression, re-enforce recent statutory changes to the definition of the term “gender,” and clarify the scope of protections afforded gender identity status under the New York City Human Rights Law. New York State also just added gender identity and expression as protected classifications under the state Human Rights Law, following the adoption of the Gender Expression Non-Discrimination Act.

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Take 5 Newsletter – The Present-Future of Work: 2018 Trends and 2019 Predictions

There is a visceral and palpable dynamic emerging in global workplaces: tension.

Tension between what is potentially knowable—and what is actually known.   Tension between the present and the future state of work.  Tension between what was, is, and what might become (and when).  Tension between the nature, function, and limits of data and technology.

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Group Health Plans Cannot Categorically Exclude Coverage for Gender Dysphoria, Say Two More Federal Courts

Employers and health plans should be aware that two recent federal decisions have recognized that the non-discrimination provision in the Affordable Care Act prohibits discrimination on the basis of gender identity. Plans cannot categorically exclude coverage for procedures to treat gender dysphoria.

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Interview – Artificial Intelligence in the Workplace

This extended interview from Employment Law This Week will be of interest to many of our readers. Attorney and co-editor of this blog, Michelle Capezza explains how recent legal developments have prepared employers for their future workforce, which will include artificial intelligence technologies working alongside human employees. She also looks at the strategies employers should start to consider as artificial intelligence is incorporated into the workplace.

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Health Plan Insurance on the Blockchain: An Interview with James Schutzer, Vice President, JDM Benefits

James D. Schutzer is the Vice President at JDM Benefits, a consulting group that provides strategic benefits services to small and mid-size employers. His career in healthcare spans over 20 years and has included leadership roles in employee benefits and insurance sales. He spent 10 years working in sales for carriers like Wellpoint and Oxford Health Plans.

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Latest Post-Windsor Guidance from IRS Addresses Issues for Cafeteria Plans, Flexible Spending Accounts, and Health Savings Accounts

In its latest addition to guidance concerning the effects of the U.S. Supreme Court’s decision in United States v. Windsorthe Internal Revenue Service (“IRS”) has issued Notice 2014-1 to address certain issues relating to cafeteria plans, flexible spending accounts (“FSAs”), and health savings accounts (“HSAs”).

In Windsor, the Supreme Court held that the federal Defense of Marriage Act (“DOMA”), which precluded recognition of same-sex marriages under federal law, was unconstitutional. The decision left many unanswered questions involving the effect of the decision on employer-provided benefits. With respect to issues under the Internal Revenue Code (“Tax Code”), the IRS has previously issued guidance confirming that same-sex couples will be treated as married for federal tax purposes regardless of where the couple is married. Further, the IRS has also addressed some tax issues under employer medical and retirement plans, including establishing certain procedures for claiming refunds of employment and income taxes, and adjustments for withholding by employers. (See our Epstein Becker Green Client Alerts entitled “The Supreme Court Strikes Down DOMA—Benefit Plan Sponsors Have Much to Consider” and “Treasury and IRS Issue Guidance on DOMA—Many, but Not All, Questions Are Answered“). Although previous guidance was effective as of September 16, 2013, many questions remained, including how to apply the various tax rules to events occurring before the decision and before the September 16, 2013, effective date.

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ILN Today Post

REDUCING EMPLOYEE BENEFITS — O’NEILL

Reducing members’ benefits is problematic. It is even more problematic when the members are retirees. There have been a number of litigious situations since the decision of the Supreme Court of Canada in Dayco in 1993.

The decision in O’Neill v. General Motors of Canada, decided by Mr. Justice Belobaba of the Ontario Superior Court of Justice and released July 7 of this year, addresses the reduction of non-pension benefits for retirees, who were formerly salaried employees of the employer. The case proceeded by way of a class action, on consent. More…

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Employee Benefits and Private Equity Alert- Circuit Court ruling on withdrawal liability is significant for private equity sponsors

On July 24, 2013, the First Circuit U.S. Court of Appeals (the “Circuit Court”) reversed a prior District Court ruling that found two related private equity funds were not conducting a “trade or business” that would make them liable for the obligations owed to a multi-employer pension plan, in which one of their jointly-owned portfolio companies was a participant. To understand the potential impact of this case, it is important to remember that Title IV of ERISA provides that “trades or businesses” that are members of a “controlled group of corporations” under common control are jointly and severally liable under ERISA for certain types of liabilities owed by the other members of their controlled group. The applicable case involved withdrawal liability owed to a multi-employer pension plan. However, the case could also have implications for liabilities related to single employer defined benefit pension plans and COBRA obligations. 

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Employee Benefits Alert: The IRS announces new pension plan limitations for 2013

On October 18, 2012, the IRS announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for the tax year 2013. Many but not all of the limitations have changed.

Below are the 2013 plan limitations:

2013 Retirement Plan Limits

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