As businesses are increasingly focused on reopening and rebuilding, it’s important to also stay on top of non-COVID-related regulatory and legislative matters to ensure continued compliance. This update covers issues involving ERISA, DOL, Emergency Leave and more.
A recent Western District of Virginia court decision provides a good reminder about the importance of protecting ERISA plan participant funds.
In Rutledge v. Pharmaceutical Care Mgmt. Assoc., the challenge was ERISA’s preemption of state-level regulatory authority on pharmacy benefit managers' generic drug reimbursement rates. The court found that the state’s ability to regulate a pharmacy benefit manager was sufficiently distant such that preemption would not apply.
The Department of Labor has recently issued a couple of field assistance bulletins pertaining to the electronic delivery of certain federally mandated labor posters and the use of telemedicine to diagnose a serious health condition for FMLA purposes.
The emergency paid sick leave and the emergency family leave provisions of the Families First Coronavirus Relief Act (FFCRA) expired as of December 31, 2020. The Consolidated Appropriations Act expands the time period during which the tax credit can be taken to March 31, 2021.
The states of Colorado, Maine, Massachusetts and New York have paid leave laws that took effect January 1, 2021.
The state of Connecticut enacted a Paid Family Leave law in June 2019. The law requires Connecticut employers to provide paid family leave funded by a payroll tax beginning January 1, 2021 with paid leave benefits beginning January 1, 2022.