The U.S. Department of Labor (DOL) has released an updated version of the "Employee Rights Under the Family and Medical Leave Act" poster along with a new employer’s guide to help employers comply with the federal law. Please note that these changes pertain to the federal Family and Medical Leave Act (FMLA) laws; these are not updates to any state FMLA laws.

You may recall that I indicated in prior newsletters and blogs that completing and filing the 1095-Cs for the 2015 calendar year were only the first steps in this reporting process. Now the real fun begins. The time is now to be on the lookout for initial notices regarding ACA penalties. 

Currently, 23 states have enacted laws to legalize medical marijuana. Medical marijuana laws are challenging for all employers, but particularly multistate employers, as employers must reconcile federal and varying state laws into their employment policies and handbooks. Moreover, it seems every month court decisions are being announced which impact the marijuana laws in a particular state, further leading to uncertainty. A problem with these new laws is that a majority of them have been geared towards removing criminal penalties for users, and do not fully address workplace issues posed by medical marijuana.

Employers beware- your confidential statements may be disclosed if you are involved in an unlawful discrimination claim. Effective February 18, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) revised its processes and procedures and will now allow employees bringing unlawful discrimination claims to gain access to the employer’s Position Statement submitted in response to the filing of a Charge of Discrimination. The new rule will also retroactively apply to all  Position Statements made on or after January 1, 2016.

While many employers are still trying to figure out all of the new IRS Form 1094 and 1095 reporting requirements of the Affordable Care Act (ACA), lawsuits on ACA matters have popped up on the radar. In the first case of its kind, a federal court in New York City has recently given employers a glimpse on how it views the interplay between the Employee Retirement Income Security Act (ERISA) and the ACA.

The ACA Exchanges will begin to send notices to employers whose employees have received government-subsidized health insurance through the Exchanges. The ACA created the "Employer Notice Program" to give employers the opportunity to contest a potential penalty for employees receiving subsidized health insurance on the Exchange. Think you may receive a penalty? Here's what you need to know.

Employers often offer an opt-out benefit to their employees who elect to waive health care coverage for the year. On December 16, 2015, the IRS, the Department of Health and Human Services, and Department of Labor issued Notice 2015-87, which provides guidance on various provisions of the Affordable Care Act (ACA) to employer-provided health coverage. 

Part III of that notice addresses certain aspects of the employer shared responsibility provisions of Internal Revenue Code §4980H (the “play-or-pay” penalty), including the relationship between medical plan opt-out payments and the 9.5% affordability threshold under the ACA affordability safe harbors. Let’s discuss what you need to know to remain compliant.

An ever persistent problem facing employers is what to do with the employee who is chronically sick or has a serious health problem.  Besides the obvious issues it presents to the employer- additional strain on other employees to pick up the slack; inability to properly staff and manage work loads; basic coverage concerns- there are also potential state and federal legal ramifications if the absences are not handled and documented correctly.