On November 5, 2018, Governor Cuomo signed into law the Living Donor Protection Act of 2018, Senate Bill 2496. The law, which amends the New York Insurance law and Paid Family Leave to extend protections to organ and tissue donors, goes into effect Sunday, February 3, 2019. New York Paid Family Leave: The bill amends … Continued
The Wage and Hour Division (WHD) of the Department of Labor (DOL) made news Tuesday when it issued two new Opinion Letters addressing sticky Family and Medical Leave Act (FMLA) issues that can vex employers: Organ Donation and the FMLA: In Opinion Letter FMLA2018-2-A, the employer sought information on whether organ donation surgery can qualify … Continued
Without wasting any time in the New Year, on Friday, January 5th, the United States Department of Labor (DOL) announced that the ERISA claims handling regulations that were effective January of last year and delayed until April 1, 2018, will indeed be applicable to disability claims filed on or after April 1, 2018. The DOL … Continued
The U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) announced its Final Rule, issuing a 90-day delay to the applicability of the ERISA disability claims handling regulations (ERISA Regulation Amendments). The DOL’s Final Rule delaying the ERISA Regulation Amendments is set for official publication on Wednesday, November 29. In response to concerns that … Continued
The DOL estimates that the Final Rule, which will be officially published September 30, will provide paid sick leave to approximately 1.15 million workers employed by federal contractors.
This week, the United States Department of Labor (DOL) announced proposed changes to regulations for processing disability plan claims. According to the DOL, the changes will strengthen regulations regarding determinations and appeals for disability claims, and align them with the Affordable Care Act (ACA) protections applicable to group health plans. The proposed regulations are open … Continued
Leave administration is not easy…just ask Staples. The U.S. Department of Labor (DOL) just announced a consent decree for Staples’ failure to properly administer FMLA leave. The consent decree is based on Staples’ failure notify employee Jeffrey Angstadt of his FMLA rights and properly apply FMLA protections to his leave. The result? Staples must pay … Continued
New DOL FMLA FORMS! The Department of Labor (DOL) has released new FMLA medical certification forms, effective through May of 2018. Not much need for excitement though; the key change is a reference to the Genetic Information Nondiscrimination Act (GINA), adding instructions for health care providers regarding the disclosure of genetic information. Many employers and … Continued
By Megan G. Holstein, Senior Counsel, Compliance and Employment Law The Family and Medical Leave Act (FMLA) allows eligible employees 12 work weeks of unpaid leave to care for a spouse, child, or parent who has a serious health condition. But the FMLA defines a spouse as a husband or wife as defined or recognized … Continued
By: Compliance Team Since the United States Supreme Court decision in the case United States v. Windsor, employers are scrambling to ensure that benefits provided to employees and their spouses are correctly applied to same-sex spouses, as now required by law. We’ve written on the impact of the Windsor case as it applies to leaves … Continued
By Martha J. Cardi, Chief Compliance Officer, Reed Group The U.S. Department of Labor has announced an unprecedented cooperative venture with the plaintiffs’ bar through the American Bar Association (ABA), called the Bridge to Justice. Effective December 13, 2010, the Department of Labor (DOL) and the ABA will assist potential plaintiffs in obtaining legal counsel … Continued
