Current Trends in DOL and IRS Investigations

What can employee stock ownership plan (ESOP) managers due to prepare an effective record in advance of a potential US Department of Labor or Internal Revenue Service investigation? McDermott partner Allison Wilkerson presented on this topic during The ESOP Association‘s TEA National 2021 Conference.

Access the slides.




Just How Many Employers Will Mandate Vaccines?

An August Willis Towers Watson poll found that 52% of 961 surveyed companies intend to implement at least one vaccine mandate by 2021’s fourth quarter. In a poll in May, 72% of respondents said they had no plans to require vaccines.

To encourage vaccination, some employers—like Delta Air Lines—are introducing or considering company healthcare plan surcharges for unvaccinated employees. However, in this article published via Advisory Board, McDermott partner Judith Wethall said few employers have actually “pulled the trigger” on such a move.

Access the article.




Protecting the Telehealth Consumer: FTC and State-Based Considerations

Telemedicine in the United States is facing an important crossroads. While telehealth services have demonstrated their value as an integral part of care delivery, federal and state waivers instituted during the COVID-19 pandemic are likely to expire soon. As lawmakers and agency officials consider updated or expanded digital health rules, regulators are expected to intensify their scrutiny of providers.

In this webinar, McDermott partners Jiayan Chen and Brian J. Boyle explore consumer protections for telehealth consumers, including the following:

  • Privacy considerations beyond the Health Insurance Portability and Accountability Act of 1996, including Federal Trade Commission requirements;
  • How to prepare for the Health Breach Notification Rule;
  • The ins and outs of advertising telehealth, including claims, endorsements and social media;
  • Strategies for engaging with users in the digital environment; and
  • Increased fraud enforcement.

Access the webinar.




Deadline for NY Employers: Workplace Safety Plan Due October 6, 2021

On September 6, 2021, New York Governor Kathy Hochul designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under the New York Health and Essential Rights (HERO) Act. This designation means that all New York employers must activate the workplace safety plans that they developed under the HERO Act standards. The workplace safety plan can be based on the model plan jointly developed by the New York State Department of Health and the New York State Department of Labor. Employers can also develop their own plans, subject to certain minimum requirements.

Read more here.




Red Tape, Legal Risk Douse Fervor for Surcharges on Unvaccinated

Companies curious about Delta Air Lines’ unvaccinated healthcare premium surcharge are discovering that it may be too complex to copy. The airline recently announced that unvaccinated employees enrolled in the company’s health plan would see a $200 monthly surcharge. In this Bloomberg Law article, McDermott partner Judith Wethall said the compliance hurdles are “tricky and kind of dilute the message.”

Access the article.




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