Employment Archives - Page 14 of 104 - EMPLOYEE BENEFITS BLOG

Businesses Left in Limbo on COVID-19 Mandate

by Michelle S. Strowhiro | Nov 15, 2021 | Employee Benefits, Employment, Health and Welfare Plans, Labor

Following a US Court of Appeals for the Fifth Circuit decision to temporarily block the Occupational Safety and Health Administration’s (OSHA) new vaccine requirement rule, many employers have found themselves in a state of confusion. According to this article published in The Hill, businesses could face steep penalties if they willfully violate the rule, such as fines of more than $130,000. But even though the rule is temporarily blocked, McDermott Partner Michelle Strowhiro said businesses should continue preparing for important OSHA deadlines.

“I think it’s prudent for employers to proceed with planning assuming that the OSHA rule, at least in some form or fashion, will be implemented pending final resolution of the various court cases,” Strowhiro said.

Access the article.

Vaccine Exemption Requests Put Legal Departments in Tricky Spot

by McDermott Will & Emery | Nov 11, 2021 | Employment, Health and Welfare Plans

As more employers mandate vaccines for their workforces, in-house legal departments are encountering a host of challenges, including understanding religious accommodations and minimizing litigation exposure. According to this article published in Law.com, employers should have the ability to navigate Americans with Disabilities Act (ADA) and Title VII-related accommodation requests. However, McDermott Partner Carole Spink said many employers have never encountered the current breadth of religious exemption requests from their workforces.

Access the article.

IRS Announces 2022 Employee Benefit Plan Limits

by Jacob Mattinson and Brian Tiemann | Nov 10, 2021 | Employee Benefits, Employment, Health and Welfare Plans, Retirement Plans

The Internal Revenue Service (IRS) recently announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2022. Most of the dollar limits currently in effect for 2021 will increase.

View the adjustments here.

California Employers: Your Online Job Advertisements Could Get Your Business in Hot Water

by Marjorie C. Soto Garcia, Chris Braham and Maria C. Rodriguez | Nov 10, 2021 | Employment, Privacy and Data Security

The California Department of Fair Employment and Housing (DFEH) recently announced a new affirmative effort to detect and correct violations of the Fair Chance Act (FCA)—California’s ban-the-box law—by using online technology to identify words and phrases in job advertisements that violate the FCA. The FCA was first enacted on January 1, 2018, to prohibit employers with five or more employees from asking job candidates about their conviction history before making them a job offer.

Read more here.

Federal Appeals Court Temporarily Blocks New OSHA Rule

by Abigail M. Kagan, Dawn Peacock, Michelle S. Strowhiro, Sandra M. DiVarco and Kristen O'Brien | Nov 9, 2021 | Employee Benefits, Employment, Health and Welfare Plans, Labor

On November 6, 2021, the US Court of Appeals for the Fifth Circuit temporarily blocked the Emergency Temporary Standard (ETS) issued on November 4, 2021, by the Occupational Safety and Health Administration (OSHA) requiring employers with 100 or more employees to implement COVID-19 vaccination policies. The ETS is stayed until further notice, halting its implementation temporarily. While the future of the ETS remains uncertain, employers may want to continue preparing for the ETS as if it is going to take effect while litigation continues.

Read more here.

IRS Announces 2022 Retirement Plan Limits

by Jacob Mattinson and Brian Tiemann | Nov 5, 2021 | Employee Benefits, Employee Stock Ownership Plans (ESOPs), Employment, Retirement Plans

The Internal Revenue Service (IRS) recently announced the cost-of-living adjustments to the applicable dollar limits for retirement plans for 2022. Most of the dollar limits currently in effect for 2021 will increase, with only the catch-up contribution limit remaining the same for 2022.

View the adjustments here.

OSHA and CMS Vaccination Rules Released: Here Are the Details

by Abigail M. Kagan, Dawn Peacock, Michelle S. Strowhiro, Sandra M. DiVarco and Kristen O'Brien | Nov 5, 2021 | Employee Benefits, Employment, Health and Welfare Plans, Labor

On November 4, 2021, the US Occupational Safety and Health Administration (OSHA) unveiled its Emergency Temporary Standard (ETS) to protect employees of large employers in all industries from COVID-19. The Centers for Medicare and Medicaid Services (CMS) simultaneously released its Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule, applicable to most Medicare- and Medicaid-certified providers and suppliers, which must be met to continue participation in Medicare and Medicaid programs. Finally, the White House announced that its previously published federal contractor vaccination mandate would be updated to move the compliance deadline from December 8, 2021, to January 4, 2022.

Read more here.

When Is COVID-19 a Disability? Courts Tackle Issue in Bias Cases

by Brian Mead | Nov 3, 2021 | Employee Benefits, Employment, Health and Welfare Plans

A Pennsylvania federal judge recently allowed an employee to move forward with a discrimination lawsuit after her employer terminated her following a positive COVID-19 test result. According to this Bloomberg Law article, the judge noted that COVID-19 could be considered a disability under the Americans with Disabilities Act (ADA); however, it’s unclear if the ADA also protects infected workers before they display long-haul COVID-19 symptoms. McDermott Partner Brian Mead said the employee’s presentation of long-haul COVID-19 symptoms (including loss of smell and taste) was also key in the judge’s ruling.

“The difference between having a cough or a substantial lung impairment is the difference between being covered by the ADA or not covered,” Mead said.

Access the article.

Agencies Clarify How Employers Can Charge COVID-19 Vaccine Premium Incentives

by Sarah Raaii and McDermott Will & Emery | Nov 2, 2021 | Employee Benefits, Employment, Health and Welfare Plans

On October 4, 2021, the US Departments of Labor, Treasury, and Health and Human Services issued guidance regarding the application of the Health Insurance Portability and Accountability Act (HIPAA) wellness rules to vaccine-related premium surcharges and discounts, clarifying that employers may charge vaccine premium incentives if they adhere to the requirements of activity-only health-contingent programs.

Employers have grown more interested in exploring incentives designed to increase COVID-19 vaccination rates among employees. Some employers have announced plans to charge unvaccinated employees higher contributions for health coverage than vaccinated employees, while some have been considering other options, such as excluding coverage for COVID-related illnesses, charging higher cost-sharing for COVID-19-related illnesses and offering more generous plan options to employees who are vaccinated.

Read more here.

Bridging the Generation Gap: True Value in Having Young and Old Working Together

by Tina Martini | Oct 29, 2021 | Employment, Labor

What are the impacts of a multigenerational workforce, and how do you best bridge generational differences in the workplace?

In this Chicago Lawyer Magazine article, McDermott Partner Tina Martini suggests that multiple generations of employees can have varying ideas about how to approach issues, as well as having distinct points of view.

“There can be adverse consequences in not having different generations represented, including the potential for it to negatively impact your ability to recruit and retain top talent,” Martini notes.

Access the article.

BLOG EDITORS

STAY CONNECTED

TOPICS

ARCHIVES

RECENT POSTS