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January 17, 2020

Employee Benefits Laws – A Checklist to Be Prepared in 2020

When it comes to benefits and other employer- and employee-related laws affecting businesses, staying on top of these evolving, complex issues is tough!

The following is a high-level checklist of laws and obligations to review now, so that your organization is prepared in 2020.

You can also download our complete 2020 Regulatory & Legislative Update handbook for more details.

  • Employer Size Determines Applicability of Laws

Be sure to re-calculate your employer size as it determines applicability of many laws:

  • 50+ employees – ACA employer shared responsibility; FMLA
  • 20+ employees – ADEA, COBRA and Medicare secondary payer rules
  • 15+ 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.

  • Annual Reporting Obligations
  • Form 5500 – information about a 401(k) plan’s financial conditions, investments and operations
  • Form W-2
  • Form 1094/1095 – information about health insurance for employees and the IRS
  • Form 720 – Patient-Centered Outcomes Research Institute (PCORI)
    • Fee will now continue to be assessed through 2029 July 31, 2020
  • Ongoing Disclosure Obligations
  • ERISA – summary plan description (SPD); summary of material modification (SMM)
  • ACA – summary of benefits and coverage (SBC)*; notice of marketplace options
  • COBRA
  • FMLA
  • HIPAA Portability and Privacy Rules
  • Medicare Part D
  • USERRA
  • Wellness Programs

*On Nov. 8, 2019, CMS issued updated SBC materials to be used for plan/policy years beginning on or after Jan. 1, 2021.

  • Annual Disclosure Obligations for Group Health Plans
  • Women’s Health and Cancer Rights Act (WHCRA) Notice 
  • Medicaid/CHIP Premium Assistance Opportunities Notice 
  • Medicare Part D – Creditable Coverage Disclosure Notice
  • Summary Annual Report Form (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
  • Status of State Family Leave & Sick Leave Laws  

State-Enacted Paid

Family Leave Laws

State-Enacted Earned or Paid

Sick Leave Laws

State-Enacted

“Leave for Any Purpose” Laws

California

Connecticut

District of Columbia

Massachusetts

New Jersey

New York

Oregon

Rhode Island

Washington

Arizona

California

Connecticut

District of Columbia

Massachusetts

Michigan

New Jersey

Oregon

Rhode Island

Vermont

Washington

Maine

Nevada

 

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