Benefit News You Can Use 9/8

McGriff Facts in a Flash

• With the recent release of the 2023 ACA affordability rate, employers are evaluating what ACA affordability safe harbor works best for their employee benefits strategy and employee population. Our McGriff Compliance Q&A can help employers pick the best option for their company!
• Medicare Part D notices are due before Oct. 15, 2023. If plan sponsors include Medicare Part D notices as part of annual notices distributed with open enrollment materials or have otherwise distributed within the prior 12 months, the annual distribution requirement is deemed satisfied.
• On Aug. 30, 2023, the U.S. Department of Labor(DOL) announced a proposed rule to amend current requirements employees in white collar occupations must satisfy in order to qualify for an overtime exemption under the Fair Labor Standards Act (FLSA).? This article provides answers to frequently asked questions on the DOL’s proposed overtime rule.

Benefits News

The ‘Data Evaluation Requirement’ for NQTLs Under the Newly Proposed MHPAEA Regulations

September 7, 2023 – McDermott Will & Emery

New proposed regulations under MHPAEA would impose new requirements, including network composition/data evaluation-related rules on non-quantitative treatment limitations (NQTLs) to ensure that mental health and substance use disorder (MH/SUD) benefits are not more restrictive than medical surgical (M/S) benefits, representing a shift towards outcome-based compliance.

IRS Mulls Future of Employee Retention Credit as Enforcement Ramps Up

September 6, 2023 – Thomson Reuters

The IRS appears to be increasing its scrutiny of employee retention tax credits and eager to crack down on fraudulent promotion, as the Commissioner recently indicated at a tax roundtable.

As School Bells Ring, Employers Should Review School-Related Activities Leave Policies

September 6, 2023 – Akerman LLP

Many states require employers to provide employees with time off for school-related activities, and this article provides an overview of state-specific requirements for California, D.C., Illinois, Louisiana, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, and Vermont.?

2022 EEO-1 Reporting Period Will Open on October 31, 2023

September 5, 2023 – Littler Mendelson P.C.

The originally delayed 2022 EEO-1 reporting period will open on Oct. 31, 2023, with a filing deadline of Dec. 5, 2023, and requires employers with 100 or more U.S. employees and federal contractors with at least 50 employees to submit workforce demographic data to the EEOC.

District Court Dismisses Employees' COBRA Election Notice Claims, Save One (Involving COVID-19)

September 5, 2023 – Thomson Reuters Practical Law

A court dismissed most claims filed by a group of terminated employees against their former employer alleging that the employer did not comply with COBRA. The court found that, despite the employer’s sending two separate notices instead of one and various deficiencies, multiple notices can be permissible if they collectively meet COBRA requirements.

Pharmacy Benefit Manager Reform: What’s on the Horizon?

September 5, 2023 – McDermott+Consulting

This article provides an overview and side-by-side comparison of recent and ongoing Congressional efforts to regulate pharmacy benefit managers. These include: H.R. 3561 (PATIENT Act of 2023), H.R. 4822 (Health Care Price Transparency Act), H.R. 4507 (Transparency in Coverage Act), H.R. 4508 (Hidden Fee Disclosure Act), the Senate’s Modernizing and Ensuring PBM Accountability Act, S. 339 (Pharmacy Benefit Manager Reform Act), and S. 127 (Pharmacy Benefit Manager Transparency Act of 2023).

California Legislature Advances Employment Law Bills in Final Weeks of Session

September 5, 2023 – Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Many of the bills shared in this article are expected to pass, and include employment topics touching paid family leave, sick leave, and reproductive loss leave; the definition of a family caregiver; noncompetes; the state WARN Act; caste discrimination; retaliation related to employment terminations; and healthcare worker minimum wages.

Employment Legislation Outlook – September 2023

September 1, 2023 – Thompson Hine LLP

This legislation outlook provides an overview of new or upcoming changes to employment-related laws across the United States. New or updated laws going into effect in 2023 include a Texas ban on race-based hair discrimination, Oregon paid family leave benefits payouts, New York pay disclosure, Connecticut paid sick leave expansions, Maryland noncompete earnings thresholds, and Colorado EITC notification requirements. Employers are encouraged to review for an overview of changes slated for 2024 and beyond.