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Legal Alert: Judge Blocks Overtime Set to Take Effect December 1

On Tuesday, November 22 a federal judge issued a nationwide injunction blocking the U.S. Department of Labor (“DOL”) from implementing its new overtime rule scheduled to take effect December 1, 2016.  The rule would have affected approximately 4 million executive, administrative and professional (“EAP”) employees, making them eligible for time-and-a-half pay for all hours worked in excess of 40 per week if their salary is below $913 per week ($47,476 per year).  The new threshold would have doubled the current threshold of $455 per week ($23,660 per year).

HR Alert: White Collar Exemption Preliminary Injunction

Yesterday, U. S. District Judge Amos Mazzant out of Texas issued a nationwide preliminary injunction against the Department of Labor’s (DOL) white collar exemption increase. The final rule to the Fair Labor Standards Act was issued May 18, 2016 to take effect December 1, 2016.  Raising the nation’s White Collar exemption salary threshold for the first time since 2004, from $455 per week/$23,660 to $913 per week.

Legal Alert: Post-Election Returns: What Now for Obamacare?

The votes have been counted and Donald Trump is the president-elect and Republicans control Congress.  Among the many questions around the proverbial watercooler is what now for “Obamacare”?  While it is impossible for anyone to predict the future, we undertake to make a short, best guess about the future of the Affordable Care Act (“ACA”). 

As a candidate, Mr. Trump repeatedly vowed to “repeal and replace” the ACA.   So, the first question is, inevitably, will the ACA be repealed and, if so, what will replace it?

IRS Increases Health FSA Contribution Limit for 2017, Adjusts Other Benefit Limits

On October 25, 2016, the Internal Revenue Service (IRS) released Revenue Procedure 2016-55, which raised the health Flexible Spending Account (FSA) salary reduction contribution limit to $2,600 for plan years beginning in 2017. The Revenue Procedure also released the cost-of-living (COLA) adjustments that apply to dollar limitations in certain sections of the Internal Revenue Code (Code).  The following summarizes other adjustments relevant to individuals and employer sponsors of welfare and fringe benefit plans.

Financial Wellness – Employee Benefit Advisor

The new buzz phrase of the day is “Financial Wellness.” Add that to the existing buzz words and phrases, “millennials,” “student loan debt,” and “ROI.” It becomes clear that benefit advisors have an opportunity to provide a strategic approach for financial wellness to enable employers to offer a well-rounded benefit package that is relevant to the needs of attracting and retaining employees.

EMPLOYER ALERT - IRS EMAIL SCAM

EMPLOYER ALERT

The newest scam involving a fraudulent email notice from the Internal Revenue (IRS) may have your employees coming to you asking about their insurance coverage for 2014.

The Internal Revenue Service late last week issued an alert to tax payers and tax professionals for an IRS scam related to the ACA.  

Enrollment Counts for Transitional Reinsurance Fee Due Nov. 15, 2016

Legal Alert

Employers with self-insured major medical plans are reminded to report their membership count to the U.S. Department of Health and Human Services (“HHS”) via the pay.gov website by November 15, 2016, as part of the Affordable Care Act’s (“ACA”) transitional reinsurance fee (the “Fee”). 

Equal Employment Opportunity Commission: Updated Compliance Guidelines for Retaliation

Did you know that under the U. S. Equal Employment Opportunity Commission (EEOC), an employee who believes that they have been retaliated against by an employer for complaining against unlawful discrimination in the workplace, can file a complaint with the EEOC under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA) and Title II of the Genetic Information Nondiscrimination Act (GINA)?

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