XpertHR • October 01, 2015
The IRS has launched a helpful new resource on its website chock full of information for employers that qualify as applicable large employers (ALEs) under the Affordable Care Act - ACA Information Center for Applicable Large Employers (ALEs).
Jackson Lewis P.C. • September 30, 2015
Arbitration of ERISA Claims: Yes, You Can!
Jackson Lewis P.C. • September 30, 2015
Both buyers and sellers in asset sale transactions should be cognizant of the ongoing erosion of the common law rule that the purchaser is not responsible for the seller’s liabilities absent a contractual assumption of such liabilities, as evidenced by a recent Ninth Circuit case finding that the theory of successor liability may be used to hold an asset purchaser liable for the predecessor’s $2.2 million withdrawal liability obligation to a multiemployer pension plan. Federal courts originally applied successor liability in the context of federal labor law where the successor employer had notice of an unfair labor practice and continued, without interruption or substantial change, the seller’s business operations. Over the years, this “successor liability” rule has been expanded to cover various other statutory liabilities under labor and employment law.
Franczek Radelet P.C • September 29, 2015
The Pension Benefit Guaranty Corporation (PBGC) recently released its annual projections report showing that its insurance programs, which back both multiemployer pension plans and single-employer pension plans, have experienced modest financial improvements since last year.
Franczek Radelet P.C • September 28, 2015
With three months remaining in 2015, the IRS has issued final forms and instructions that employers will need to use to satisfy the Affordable Care Act (ACA) information reporting requirements. The final forms and instructions, which implement the reporting requirements under Internal Revenue Code (Code) Sections 6055 and 6056, largely adopt the structure and format of the draft forms and instructions that were released in August of 2015 and described in our prior alert. The information reporting obligations generally require employers with 50 or more full-time employees to report certain information to their employees and to the IRS that will allow the IRS to enforce the penalty mechanism set forth in the ACA’s employer and individual mandates.
Ogletree Deakins • September 24, 2015
More than five years after its enactment, the Affordable Care Act (ACA) continues to be one of the top concerns for employers, and rightly so: the ACA is one of the most comprehensive laws impacting employee benefits since the Employee Retirement Income Security Act of 1974.
XpertHR • September 22, 2015
The 8th Circuit Court of Appeals has ruled that forcing religiously-affiliated employers to offer contraceptive coverage to their employees, even indirectly, would violate those employers' religious freedoms. The decisions in these two related cases could set up another Supreme Court challenge involving the Affordable Care Act (ACA) as they conflict with all other federal appellate court decisions on the issue.
XpertHR • September 21, 2015
The IRS has issued Notice 2015-63 announcing the annual list of "optional high-low" federal per diem rates. Employers may choose to use these optional rates instead of the standard federal rates issued by the General Services Administration (GSA) to reimburse expenses incurred by employees who travel on business to locations within the continental US (CONUS). The rates are effective for travel on or after October 1, 2015.
XpertHR • September 18, 2015
Beginning in 2016, many employers will have to comply with the annual health care reporting requirements under the Affordable Care Act (ACA). The reporting requirements promote transparency regarding health plan coverage and costs. They also provide the IRS with the information needed to enforce the employer and individual mandates and determine eligibility for premium tax credits for individuals purchasing coverage through the health insurance marketplace.
Franczek Radelet P.C • September 17, 2015
The Pension Benefit Guaranty Corporation (PBGC) recently issued two important pieces of guidance that change certain of the PBGC’s notice requirements for both single-employer and multiemployer pension plans.