Insights

NFP conducted a benchmarking study to identify the leave management practices that drive policy across various US industries. To gather this information, NFP commissioned Hanover to conduct a nationwide quantitative benchmarking study to further understand organizational practices and offerings. The survey gathered data related to maternity/parental leave, holidays, paid time off, family caregiver leave, bereavement leave, sabbaticals and leave administration. NFP has compiled the results of th

Employers that sponsor group health plans have an obligation to report whether the prescription drug coverage offered under the plan is creditable or non-creditable. Employers are likely more familiar with the obligation to notify employees, and their family members, regarding the creditable status of their plan(s) by each October 14, as this is the Part D notice that employers typically include with open enrollment documents. A second obligation also exists where employers must report the cred

On January 13, 2023, the Department of Labor (DOL) published a final rule adjusting civil monetary penalties under ERISA. The annual adjustments relate to a wide range of compliance issues and are based on the percentage increase in the consumer price index for all urban consumers (CPI-U) from October of the preceding year. The DOL last adjusted certain penalties under ERISA in January of 2022. Highlights of the 2023 penalties that may be levied against sponsors of ERISA-covered plans include:

On January 20, 2023, San Francisco Mayor London Breed signed into law the Military Leave Pay Protection Act (MLPPA), which will require private employers with 100 or more employees to provide supplemental paid leave during a qualifying military leave for a maximum of 30 days in a calendar year. The MLPPA becomes effective on February 19, 2023, and will make San Francisco the first major city to require private employers to provide paid military leave. Below are the key highlights of the MLPPA:

On January 26, 2023, New Hampshire released a Paid Family and Medical Leave (NH PFML) Employer Toolkit available at Employer Toolkit | NH Paid Family Medical Leave (see the November 8, 2022, Compliance Corner article for a description of the NH PFML program). The Toolkit is intended to serve as a roadmap for employers to understand, design and implement NH PFML for their workforce. Employers with employees in New Hampshire should review the new guidance.

On January 26, 2023, the Pension Benefit Guarantee Corporation (PBGC) issued a final rule providing a withdrawal liability condition exception for certain multiemployer pension plans that access special financial assistance (SFA). As background, the American Rescue Plan Act (ARPA) authorized PBGC to provide SFA to multiemployer pension plans that are in critical and declining or critical status, were approved to suspend benefits under the Multiemployer Pension Reform Act of 2014, or became inso

On January 19, 2023, in Zall v. Standard Insurance Co., the US Court of Appeals for the Seventh Circuit determined that the version of ERISA regulations in effect at the time of the termination of plaintiff's disability benefits applied in a dispute between the plaintiff and the defendant. The plaintiff in this case, Eric Zall, sued Standard Insurance Company (Standard) for payment of retroactive disability benefits and a declaration that Standard continued to owe him those benefits. Zall work

The US Court of Appeals for the Sixth Circuit reversed the district court's order in favor of an employee in an FMLA action in relation to an employee's intermittent leave. The employee alleged that his employer, FCA US, LLC (FCA), wrongfully denied him FMLA leave, and that FCA retaliated against him for requesting FMLA leave. The Sixth Circuit determined that the employee is not required to provide specific details about their need to be out for each intermittent leave. Additionally, FCA provi

Statistically, individuals are at high risk of becoming victims of cybercrime. Whether it be as a result of identity theft, data compromises, cyberattacks or phishing scams, more than 1 in 3 people are targeted by scams, and nearly half of Americans have experienced identity theft since the pandemic. One of the less talked about cybercrimes that impact Americans is SIM swapping. According to the latest data from the FBI, SIM swapping resulted in losses of more than $68 million in 2021. Due