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Compliance Recap January 2024 | JRW Associates, Inc., a Raleigh Benefit Advisory

NEW EMPLOYEE CLASSIFICATION RULE In January, the Department of Labor (DOL) Wage and Hour Division introduced a rule that changes the way workers are classified under the Fair Labor Standards Act (FLSA). This Final Rule, effective March 11, 2024, offers a more comprehensive test to determine a worker’s status, potentially making it more challenging to classify … Continued

Tri-Agency Proposed Rule on Health Reimbursement Arrangements | Tri-Agency Proposed Rule on Health Reimbursement Arrangements

The Department of the Treasury (Treasury), Department of Labor (DOL), and Department of Health and Human Services (HHS) (collectively, the Departments) released their proposed rule regarding health reimbursement arrangements (HRAs) and other account-based group health plans. The DOL also issued a news release and fact sheet on the proposed rule. The proposed rule’s goal is to … Continued

DOL and IRS Release Additional Information on Association Health Plans | JRW Associates, Inc., a Raleigh Benefit Advisory Firm

On August 20, 2018, the Department of Labor (DOL) posted the Association Health Plans ERISA Compliance Assistance fact sheet. On August 20, 2018, the IRS added a new Q&A 18 to its Questions and Answers on Employer Shared Responsibility Provisions Under the Affordable Care Act. Q&A 18 confirms that: An employer that is not an applicable … Continued

New Guidance on Tipped Wages | JRW Associates, Inc., a Raleigh Benefit Advisory Firm

The 2,232-page budget spending bill that was signed by President Trump on March 23, 2018, included an amendment to the Fair Labor Standards Act (FLSA) prohibiting employers, managers, or supervisors from collecting or retaining tips made by employees, regardless of whether the employer takes a tip credit. This law essentially blocked the U.S. Department of … Continued

A DOL Audit Can Happen to You | JRW Associates, Inc., a Raleigh Benefit Advisory Firm

Summary plan descriptions (SPDs) are required for all retirement, health, and welfare plans subject to the Employee Retirement Income Security Act of 1974 (ERISA). However, misconceptions about this requirement are widespread. ERISA attorney Stacy H. Barrow, partner with Marathas Barrow Weatherhead Lent LLP, had a chat with ThinkHR about the importance of having proper ERISA … Continued

Ask the Experts: Gathering Race and Ethnicity Information for the EEO-1 Report | JRW Associates, Inc., a Raleigh Benefit Advisory Firm

Question: What is the best way to get ethnicity and race information for each employee for the EEO-1 report? Answer: Self-identification is the preferred method for gathering the required information for the EEO-1 report. As an employer, you are required to ask employees to self-identify if they wish; however, employees are not required to self-identify. If … Continued

Federal Employment Law Update – January 2018 | JRW Associates, Inc., a Raleigh Benefit Advisory Firm

WHD Revises Test for Unpaid Internships On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) released a Field Assistance Bulletin (FAB No. 2018-2) establishing that the primary beneficiary test, rather than the six-point test, will determine whether interns at for-profit employers are employees under the federal Fair Labor Standards Act … Continued

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