11.29.2023Heads Up To Group Health Plans: December 31 Gag Clause Attestation Deadline ApproachesThe Consolidated Appropriations Act of 2021 prohibits group health plans from agreeing to avoid making certain disclosures of provider-specific cost or quality-of-care information. This is referred to as the gag clause prohibition. The Act also requires health plans and insurers offering group health insurance coverage to attest annually that they are in compliance with the gag clause prohibition. The attestation requirement applies to health insurers offering group or individual coverage and to insured and self-insured group health plans, including ERISA covered plans, non-federal government plans, and church plans.
02.10.2023What The Temporary Workers' Bill of Rights Means For New Jersey EmployersOn February 6, 2023, Governor Murphy signed Assembly Bill 1474/S511, commonly referred to as the "Temporary Workers' Bill of Rights." The bill's "equal-pay-equal-benefit" provision requires that temporary workers be paid at least the same average rate of pay and equivalent benefits (or cash equivalent) as the third-party client’s permanent employees performing the same or similar work on jobs that require equal skill, effort, and responsibility. The legislation applies to workers in designated classifications, including certain workers in protective service, food preparation and serving, building, and grounds cleaning and maintenance, personal care and service, construction, production, and transportation occupational categories.
09.16.2021Third Circuit Upholds Arbitrator’s Imposition of Parent Company Liability for Pension Withdrawal LiabilityOn August 26, 2021, the Third Circuit confirmed that a corporation remained on the hook for the pension withdrawal liability of its bankrupt subsidiary despite diluting its ownership interest in the subsidiary below 80%, to avoid controlled group liability. The decision is an example of a court’s power under ERISA Section 4212(c) to disregard a transaction when it finds that the transaction’s principal purpose is avoiding pension withdrawal liability.
07.07.2021Trenton Okays State And Local Government Use Of Project Labor Agreements On Public Works ProjectsFor many years construction contractors that bid on public works projects have had to contend with complying with prevailing wage and benefit, apprenticeship program, certified payroll, and Labor Commissioner registration requirements. Now add to these requirements the risk that a bidding contractor must sign onto a project labor agreement as a condition to performing on a medium or large sized public works project.
On April 30, 2021, Governor Murphy signed Bill S.3414/A.5378 into law, which took effect immediately and allows state, county and municipal governments and agencies, including school districts, to require public works projects they fund to be subject to a project labor agreement (“PLA Law”).
11.10.2020New York Home Health Care Agencies Beat Aides’ Lawsuit Over Use of a Captive To Meet Wage Parity LawWhen New York adopted a wage parity law setting minimum wage and benefit levels for home care workers, innovative home health care agency companies created a captive plan structure to meet the benefits requirements. Although aides may feel that they are being cheated under such a captive plan, a recent court decision severely limits aides’ ability to contest the utilization of a captive structure.
11.10.2020How to Comply with ERISA’s Prohibited Transactions Requirements For Group Benefit PlansThe Employee Retirement Income Security Act of 1974 (“ERISA”), the principal federal law which regulates the benefit plans marketed to employers in this country, imposes specific requirements on most employer-sponsored “welfare benefit plans” (defined to include such things as life insurance, medical benefits and disability benefits). Most employer sponsored health plans, are then, subject to ERISA and its Prohibited Transaction Exemption (“PTE”) rules.
06.18.2020USDOL Approves Use of Electronic Disclosures by Retirement Plan Administrators On May 21, 2020 the U.S. Department of Labor (“DOL”) issued a new rule creating a voluntary safe harbor for retirement plan administrators who prefer to provide ERISA-mandated retirement plan information and disclosures to participants and beneficiaries electronically, as the default method (“Electronic Disclosure Rule”).
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