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January 30, 2019

Regulatory & legislative update for employers: Be prepared in 2019

The New Year is the perfect time for employers to take pause to ensure they’re aware of benefits and other employer-/ employee-related laws affecting their business.

We’ve captured highlights of some of the pertinent regulatory and legislative updates employers need to stay on top of in order to ensure a successful and compliant 2019. You can also download our 2019 Regulatory & Legislative Update to learn more.

Action Items

  • Be sure to re-calculate your employer size as it determines applicability of many laws:
    • 50-plus employees – ACA employer shared responsibility; FMLA
    • 20-plus employees – ADEA, COBRA and Medicare secondary payer rules
    • 15-plus employees – Title VII and related laws: race, color, religion, sex (including pregnancy), national origin, disability and genetic information
  • Ongoing Plan Disclosures – required by ERISA (SPD, SMM), ACA (SBC, marketplace notice), COBRA, FMLA, HIPAA, Medicare, USERRA and wellness programs, among others

Group Health Plan Disclosures – Annual Notice Obligations

  • Women’s Health and Cancer Rights Act (WHCRA) Notice
  • Medicaid/CHIP Premium Assistance Notice
  • Medicare Part D – Creditable Coverage Disclosure Notice
  • Summary Annual Report (applicable to plans filing Form 5500)

Form W-2 Benefit-Related Reporting Reminders

  • Dependent Care Assistance Programs (DCAP)
  • ACA: Cost of Health Coverage
  • Additional Medicare tax withholding on high earners
  • Health Savings Accounts (HSA)
  • Qualified Small Employer Health Reimbursement Arrangement (QSEHRA)
  • Disability Income
  • Group Term Life Insurance

See what other benefit-related reporting reminders employers should know in 2019, here.

Status of State Family Leave & Sick Leave Laws

If your business is located in any of the states listed below, be sure you are educated on the details on those laws.

State-Enacted Paid

Family Leave Laws

State-Enacted Earned or Paid

Sick Leave Laws

California

District of Columbia

Massachusetts

New Jersey

New York

Rhode Island

Washington

Arizona

California

Connecticut

District of Columbia

Massachusetts

Michigan

New Jersey

Oregon

Rhode Island

Vermont

Washington

 

Employers also need to know the benefit-related cost-of-living adjustments for 2019, including FSA Limit, Pension and Retirement Plan Limits, Social Security and Medicare, which can be found here.


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