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The Department of Labor Voices its Opinion (Letters)!

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

April 1 calendar

Dept. of Labor’s EBSA Delays ERISA Disability Regulations Until April 1, 2018

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

Important Proposed Changes to ERISA Regulations for Disability Plan Administration

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

FMLA News – two for the price of one!

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

Same Sex Marriage Confusion from the DOL

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

The Bridge to…Justice? New DOL Program Likely to Increase Employee FMLA Lawsuits

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