On August 25, 2023, in response to concerns regarding the timely implementation of SECURE 2.0’s Roth catch-up contribution requirement, the IRS issued Notice 2023-62, which provides that 401(k), 403(b) and 457(b) plans now have until December 31, 2025 to comply.
Continue Reading SECURE 2.0 Act: Hip, Hip Delay! IRS Establishes a Two-Year Transition on the Roth Catch-Up Contribution Requirement
The Consolidated Appropriations Act of 2021 (the CAA) requires group health plans and health insurance carriers to attest on an annual basis that they are in compliance with the CAA’s gag clause prohibition. While the prohibition of gag clauses was effective December 27, 2020, the first annual attestation is due December 31, 2023. Group health plan sponsors should begin taking steps now to prepare.
Continue Reading First Gag Clause Attestations Due December 31, 2023 – What Group Health Plan Sponsors Need to Know
The Departments of Labor, Treasury and Health and Human Services (collectively, the Departments) recently issued new guidance in the form of FAQs to plan sponsors and administrators of group health plans to assist with them with preparations for the end of the COVID-19 National Emergency and the Public Health Emergency.
Continue Reading New Guidance Issued for Employers Regarding End of COVID-19 Emergencies
On November 22, 2022, the U.S. Department of Labor (“DOL”) announced a final rule (the “2022 Final Rule”) that allows plan fiduciaries to consider climate change and other environmental, social, and governance (“ESG”) factors when selecting retirement investments and exercising shareholder rights, such as proxy voting, for ERISA-governed plans.
Continue Reading DOL’S Final Rule Gives ERISA Fiduciaries Green Light to Consider ESG Factors When Selecting Investments
On February 9, 2022, California Governor Gavin Newsom signed into law Senate Bill 114, which reestablishes the state’s COVID-19 supplemental paid sick leave requirements. Employers will not be able to simply dust off their 2021 policies and reimplement them, however, because the 2022 law contains some important changes from prior laws.
Continue Reading California Enacts COVID-19 Supplemental Paid Sick Leave For 2022
On April 16, 2021, Governor Newsom approved S.B. 93, a statewide COVID right-to-recall law that faltered on its first attempt last October. In the interim, a number of counties and cities passed almost identical measures, which will remain in effect to the extent they are more generous than the state law.
Continue Reading California’s COVID Right-to-Recall Law Unites Patchwork of Local Ordinances
Last month, the State of New York passed legislation which permits New York employees up to four hours of paid leave to receive a COVID-19 vaccination. While this new legislation became effective immediately upon passing on March 12, 2021, employers were left with many questions regarding their obligations under the law. In an effort to resolve some of these questions, the New York Department of Labor issued guidance in the form of FAQs to provide clarification for employers.
Continue Reading NY DOL Releases Guidance on COVID-19 Vaccination Leave
The American Rescue Plan Act signed in March 2021 provides for a 100% COBRA premium subsidy for certain individuals who are eligible for and enroll in COBRA coverage between April 1, 2021 and September 30, 2021. Employers sponsoring health plans should take action quickly to ensure that the subsidy is properly administered and consider its effects on any planned layoffs or other severance events.
Continue Reading COBRA Subsidies Under ARPA: Employer Action Needed
Employers with more than 25 employees must provide COVID-19 supplemental paid sick leave to their California employees under a recent law signed by the Governor. This new law is broader than California’s prior COVID-19 paid sick leave law and, unlike the prior law, also covers employees who telework. The new sick leave entitlement is retroactive to January 1, 2021 and extends until September 30, 2021.
Continue Reading California Passes New COVID-19 Sick Leave Requirements for 2021
The U.S. Department of Labor recently issued guidance to state unemployment insurance agencies, expanding the categories of workers that are eligible for Pandemic Unemployment Assistance. The PUA program was created in March 2020 to provide payments to certain people affected by COVID-19, as well as independent contractors and gig workers who do not usually qualify for unemployment insurance. While funded by the federal government, states are responsible for administering it.
Continue Reading Department of Labor Expands Unemployment Insurance Eligibility To Include Workers Who Declined Work Due to Pandemic Safety Concerns