EMPLOYEE BENEFITS BLOG

The Employee Retention Credit: A court challenge to IRS guidance

by Shawn O’Brien, Samuel Hamer and Michael Scarduzio | Jul 31, 2025 | Employee Benefits, Fiduciary and Investment Issues

On June 20, 2025, the US District Court for the District of Arizona ruled that Internal Revenue Service (IRS) Notice 2021-20, challenged by a tax advisory firm, was an “interpretive rule” and did not violate the Administrative Procedure Act. Despite the IRS issuing $269 billion in Employee Retention Credits, more than 200,000 claims have been disallowed, and 592,000 remain pending. The court noted that the notice’s provisions are not binding, and taxpayers can still argue their eligibility based on specific circumstances, leaving room for future challenges.

Learn more about opportunities for employers and their tax advisers here.

OBBBA’s impact on employee benefit plans, programs, and arrangements

by Alden Bianchi, Jacob Mattinson and Sarah Raaii | Jul 29, 2025 | Employee Benefits, Health and Welfare Plans

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law. The OBBBA includes several employee benefits-related provisions impacting employer-sponsored plans and fringe benefits, including changes to health savings account eligibility, telehealth coverage, dependent care flexible spending accounts (FSAs), employer-provided childcare credits, student loan repayment programs, and more.

Learn more about the OBBBA’s employee benefits provisions here.

SEC hosts roundtable on executive compensation disclosure requirements

by Craig Garvey, Kate Vera Coverdale and Galen Spielman | Jul 24, 2025 | Executive Compensation

The US Securities and Exchange Commission recently hosted a roundtable to discuss potential updates to executive compensation disclosure requirements. The roundtable highlighted the need to reevaluate the current executive compensation disclosure framework due to complexity, costs, and potential distortion of corporate behavior. Participants debated the effectiveness of current disclosures, such as pay versus performance and CEO pay ratio, and the classification of personal executive security expenses as perquisites.

HDHP telehealth safe harbor permanently reinstated

by Sarah Raaii and Rachel Stauffer | Jul 22, 2025 | Digital Health, Employee Benefits, Health and Welfare Plans

The One Big Beautiful Bill Act permanently extends the telehealth safe harbor for high-deductible health plans (HDHPs) for plan years beginning after December 31, 2024. This extension allows HDHPs to cover telehealth and remote care services at low or no cost, expanding access for millions of participants and encouraging digital health providers, insurers, and employers to reassess and update their offerings to meet the growing demand.

Learn more about the telehealth HDHP safe harbor extension here.

Unpacking the OBBBA’s HDHP telehealth safe harbor permanency

by Sarah Raaii, Rachel Stauffer and Julia Grabo | Jul 17, 2025 | Digital Health, Employee Benefits, Health and Welfare Plans

In this edition of Health Policy Breakroom, Sarah Raaii and Rachel Stauffer join Julia Grabo to explore a crucial virtual care provision from the recently enacted One Big Beautiful Bill Act, exploring its effects on patients, employers, and the broader landscape of virtual care policy.

Listen to the Breakroom episode.