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By McDermott Will & Emery on Sep 27, 2016
Posted In Employment, Health and Welfare Plans
On September 19, 2017, in the ongoing lawsuit the US Equal Employment Opportunity Commission (EEOC) brought against Orion Energy Systems Inc. (Orion) regarding its wellness program, a Wisconsin federal judge found that Orion’s wellness program was voluntary. The employees have a choice between participating in the program or paying the full price for health benefits....
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Section 457(f) Proposed Regulations – Not What We Expected (In a Good Way)
By McDermott Will & Emery on Sep 22, 2016
Posted In Executive Compensation
The very long awaited release of the new proposed regulations for Internal Revenue Code (the ‘‘Code’’) Section 457(f) plans arrived at the end of June and presents welcome and surprising new opportunities with respect to tax-exempt and governmental entities’ ‘‘ineligible nonqualified deferred compensation’’ arrangements. The Proposed Regulations present some unexpected and surprising opportunities with respect...
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The Impact of the EU Data Protection Regulation
By Anthony A. Bongiorno, McDermott Will & Emery, Dr. Paul Melot de Beauregard and Maximilian Baur on Sep 15, 2016
Posted In Privacy and Data Security
The EU General Data Protection Regulation 2016/679 (GDPR) was published in the Official Journal of the European Union on 4 May 2016 following the compromise agreed among the Council of the European Union and the European Parliament. The GDPR will essentially affect any business coming into contact with European personal data. Read the full article...
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Affordable Care Act Compliance: IRS Releases Draft 2016 Employer Reporting Forms and Instructions
By McDermott Will & Emery on Aug 30, 2016
Posted In Health and Welfare Plans
On August 2, the Internal Revenue Service (IRS) released revised draft Forms 1094-C and 1095-C, and draft instructions for completing these forms for the 2016 reporting year (see here). Although these are not final versions, it is important for employers to review the updates and changes from the 2015 forms and instructions as they prepare for the 2016 filings....
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Advantages of Using ESOPs To Structure Acquisitions and Divestitures In An Uncertain Economy
By McDermott Will & Emery on Aug 25, 2016
Posted In Employee Stock Ownership Plans (ESOPs)
M&A advisors are becoming increasingly familiar with leveraged ESOP transactions and are routinely considering the ESOP platform in structuring acquisitions and divestitures. The first part of this article references the ways in which leveraged ESOPs have historically been used to provide a tax-advantaged exit strategy for privately held business owners. The article then discusses the...
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Michigan Health Insurance Claims Assessment Act is Not Preempted by ERISA
By McDermott Will & Emery on Aug 23, 2016
Posted In Health and Welfare Plans
The Sixth Circuit, has decided, on remand from the Supreme Court, that the Michigan Health Insurance Claims Assessment Act (Act) is not preempted by ERISA. The Act imposes a 1 percent tax on all paid claims by insurers or third party administrators (TPAs) for health services rendered in Michigan to Michigan residents. The case was brought by...
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HIPAA Privacy and Security Compliance for Group Health Plan Sponsors
By McDermott Will & Emery on Aug 18, 2016
Posted In Health and Welfare Plans, Privacy and Data Security
Joanna Kerpen authored an article on final HIPAA rules for privacy enforcement and audit programs, particularly those with additional requirements aimed at group health plan sponsors. This report focuses on the final regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), in January 2013, HIPAA enforcement and audit programs, HIPAA-related additional...
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OSHA and MSHA Increase Penalties for Workplace Safety Violations
By McDermott Will & Emery on Aug 4, 2016
Posted In Employment, Labor
On July 1, 2016, Occupational Safety and Health Administration (OSHA) increased the maximum penalties under the Occupational Safety and Health Act by about 78 percent to account for inflation. Acting under authority conferred by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. 114-74, 701 (part of the Bipartisan Budget Act...
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New York and San Francisco Approve Mandatory Paid Family Leave
By McDermott Will & Emery and Ruth Wimer on Jul 14, 2016
Posted In Employment, Health and Welfare Plans, Labor
Both the State of New York and the City of San Francisco recently granted paid family leave to eligible employees. Paid family leave becomes effective on January 1, 2017, in San Francisco and on January 1, 2018, in New York. Read the full article.
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New Mental Health Parity and Addiction Equity Act Guidance from the DOL
By McDermott Will & Emery on Jun 28, 2016
Posted In Health and Welfare Plans, Labor, Mental Health Parity and Addiction Equity Act
The US Department of Labor (DOL) has provided guidance on health plan provisions that could trigger a violation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA), as amended by the Affordable Care Act. The DOL provided particular examples broken down by categories of plan provisions relating...
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