March 19, 2019

The ABC’s of FMLA: A Preamble

In the employee benefit regulation world, the Family & Medical Leave Act of 1993 (“FMLA” or “Act”) takes a back seat to ERISA, perhaps because it is commonly slotted as “employment law” subject to States’ interpretations. However, let’s pause a moment and have a look at this federally-regulated employee benefit.  To learn more about the… Continue Reading

February 20, 2019

Oops! When an Employer may Recover Mistaken HSA Contributions

Errors occur; they are part of this human life. We hope when we err it’s nothing “major” and a “quick fix” will take care of the mishap.  However, sometimes a minor error in the employee benefits world can be costly. Today’s topic is about what can be done (or not) if an employer mistakenly contributes… Continue Reading

February 4, 2019

Updated Penalty Amounts for ERISA 401(K) and Welfare Plans

On January 23, 2019, the DOL published annual adjustments to the civil monetary penalties for certain ERISA violations applicable to 401(k) plans. Legislation enacted in 2015 requires these adjustments to be issued by January 15 of each year, but the government shutdown prevented the DOL from meeting the statutory deadline this year*. Updated penalty amounts for… Continue Reading

January 18, 2019

ERISA Regulations Often Preempt State Laws: Welfare Plans

In the world of employer compliance, it’s common to fall through Alice’s rabbit hole and end up completely confused about which laws apply to a specific situation.  To start the year on the right foot, remember that federal laws governing ERISA-regulated employee welfare plans generally preempt state law. In early December 2018, the DOL released… Continue Reading

December 28, 2018

IRS Releases 2019 HSA Reporting Forms

The Internal Revenue Department released 2019 HSA Reporting Forms (Form 5498-SA and Form 1099-SA) and their corresponding instructions. Filing and deadline dates have been updated.  These forms are often used by and provide information to persons holding these accounts (as they have reporting obligations). It’s important to note these forms are to be used in… Continue Reading

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