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California Expands COVID-19 Supplemental Paid Sick Leave

On March 19, 2021, California Governor Gavin Newsom signed SB 95, significantly expanding California’s COVID-19 Supplemental Paid Sick Leave (CSPSL). This latest legislation now requires any California employer with more than 25 employees to provide CSPSL in addition to regular paid sick leave offered.

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COVID-19 Relief Bill Offers COBRA Reform and Temporarily Increases DCAP Maximum

On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 (ARPA) providing Consolidated Omnibus Budget Reconciliation Act (COBRA) reform provisions and an increase in Dependent Care Assistance Program (DCAP) maximum deferrals. While details from the agencies are forthcoming, here is an overview of these provisions of the ARPA.

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Establishing a CPOD Model: 5 Initial Steps for Employers

A “closed point of dispensing” (CPOD) is emerging as a valuable model for employers working to make vaccines more broadly available as the United States moves toward mass vaccination efforts. Establishing a CPOD requires a deliberate strategy but can be done efficiently and proactively by taking a few initial steps.

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Free Health Insurance! 100% COBRA Subsidy in COVID Stimulus Package: Questions & Answers

The 100% Consolidated Omnibus Budget Reconciliation Act (COBRA) subsidy in the $1.9 trillion American Rescue Plan Act (ARPA) means that more than two million laid off Americans will have the option to extend their workplace healthcare insurance for free—temporarily.

In a recent article for Forbes, McDermott partner Judith Wethall outlines what the COBRA subsidy potentially means for employers.

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American Rescue Plan Act of 2021: Employment Law Update

US President Joe Biden signed into law the $1.9 trillion American Rescue Plan Act of 2021 (ARPA) on March 11, 2021. ARPA follows from weeks of negotiations in Congress and attempts to facilitate the country’s recovery from the impact of the COVID-19 pandemic.

Included in ARPA are several provisions that impact employers, including provisions on paid leave, reduced hours and employee retention credits. Employers should be mindful of the employment-specific changes put into effect by ARPA and accordingly update their policies and practices to comply with these changes.

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DOL Issues Clarification for ERISA-Governed Group Health Plans

Two days before the one-year anniversary of the official start of the COVID-19 outbreak, the US Department of Labor (DOL) issued a last-minute notice clarifying its prior guidance that relaxed the deadlines for the Employee Retirement Income Security Act-governed group health and welfare plans (ERISA) related to the Consolidated Omnibus Budget Reconciliation Act (COBRA) and various special enrollment and claims procedures.

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Health Plan Sponsor Assessed Attorneys’ Fees for Pursuing Meritless ERISA Claims against Plan Administrators

The US Court of Appeals for the Eighth Circuit upheld an award of attorneys’ fees payable by a health plan sponsor to the plan administrators that the plan sponsor had sued. The plan sponsor aggressively pursued meritless Employee Retirement Income Security Act of 1974 (ERISA) claims.

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IRS Delivers COVID-19 Surprise to Workers: A Chance to Redo Their 2021 Health Plan and FSA Choices

Wish you could change your health plan for 2021? In newly released guidance on new flexible rules for healthcare and dependent care Flexible Spending Arrangements (FSAs), the Internal Revenue Service (IRS) has included a new COVID-19-relief surprise: Employers can allow employees to make changes prospectively to health care coverage for 2021.

In a recent article in Forbes, McDermott partner Jacob Mattinson explains what the new IRS guidance means for both employers and employees.

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Making Sure It Hurts: 2021 Increased Penalties for ERISA Violations

The Department of Labor (DOL) made inflation adjustments to a wide range of penalties for Employee Retirement Income Security Act (ERISA) violations by employee benefit plans and plan sponsors. The new penalty amounts that apply in 2021 are included herein.

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