COBRA Penalty Cost Employer $1.85 Million

Paying $1.85 million in COBRA penalties would certainly be a wake-up call for most companies.  It was in the case of Pierce v. Visteon Corp., No. 1:05-cv-01325-LJM-DKL (S.D. Ind., June 25, 2013), where an Indiana federal court ordered Visteon to pay $1.85 million to former employees who did not receive COBRA notices in a timely manner (some never received notices).  Visteon wil...
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“Pay or Play” Employer Mandate Delayed until 2015

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Important news was announced yesterday afternoon by the U.S. Treasury Department regarding the ACA (Affordable Care Act) employer mandate known as "Pay or Play". The U.S. Treasury Department announced the 2014 mandate on large employers, those with 5o or more full-time equivalent employees, to offer qualifying health insurance coverage to their employees or face a penalty is...
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Is early renewal right for your group health plan?

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In a continued effort to keep employer groups informed regarding health care reform, Parelius Insurance has been researching the option of early renewal for health plans.  Beginning January 1, 2014, the Patient Protection and Affordable Care Act (PPACA) will change the types of small group plans offered and how premiums are calculated.  Group rates will no longer be based on cl...
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ERISA – Employee Retirement Income Security Act

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A quick overview of ERISA: Company size does not matter; all companies regardless of size are subject to ERISA guidelines. ERISA is a set of DOL (Department of Labor) guidelines that regulate employer sponsored 'health and welfare' benefit plans. Government and Church employers are exempt from ERISA guidelines (must have 501-exempt status, may not elect IRC Section 410 ...
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Employer Responsibility – Health Exchange Notices

One of the final pieces of information that employers will need to comply with the Affordable Care Act has fallen into place.  On May 8th, the federal government released details on the responsibilities for employers to notify their employees of their health coverage options under federal health care reform. Current employees must receive these notices by October 1st; new empl...
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USCIS Revises Employment Eligibility Verification Form I-9

In early March 2013, the U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 for use.  All employers are required to complete a Form I-9 for each employee hired in the United States. Employers should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.  Effective 03/...
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HIPAA Regulations Update

Effective March 26, 2013, updates to the Health Insurance Portability and Accountability Act (HIPAA) regulations may impact certain employers.  These regulations are based on changes under the Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted as part of the American Recovery and Reinvestment Act of 2009 (ARRA) and the Genetic Information Nondi...
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FMLA Forms Update

Effective March 8, 2013, employers should begin to utilize the updated Family Medical Leave Act (FMLA) forms when applicable.  These forms were revised February 2013 and released by the Department of Labor (DOL).  The updated forms are: FMLA Form WH-381 - Notice of Eligibility and Rights & Responsibilities FMLA Form WH-384 - Certification of Qualifying Exigency for Milit...
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DOL Final Rule on FMLA Military Amendments

Effective March 8, 2013, the Department of Labor (DOL) published a Final Rule implementing the changes to the Family and Medical Leave Act (FMLA) made by the 2010 National Defense Authorization Act (NDAA).  The 2010 NDAA, amended the FMLA's military caregiver leave provision to permit eligible employees to take leave to care for certain veterans with a serious injury or illness...
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OSHA Summary Posting

We are still in the first month of the 2013 OSHA Summary Posting Period.  The Occupational Safety and Health Administration (OSHA) requires certain employers to post the OSHA Form 300A in a conspicuous workplace location from February 1, 2013 through April 30, 2013.  This form is a summary of the total number of job-related injuries and illnesses that occurred in 2012.  Employe...
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