Greene-Hazel Insurance Group

NLRB Poster Rule Invalidated by U.S. Court of Appeals

Employee Benefits Contributor — Thu, 16 May 2013 19:15:23 +0000

Notice Requirement Previously Delayed

The D.C. Circuit Court of Appeals has invalidated the National Labor Relations Board (NLRB) rule requiring most private employers to post a notice informing employees of their rights under the National Labor Relations Act. The court had previously issued an order temporarily blocking enforcement of the rule.

According to the decision, the NLRB rule violates the National Labor Relations Act because, among other reasons, it makes an employer's failure to post the notice an unfair labor practice and treats such a failure as evidence of an unfair labor practice. The court concluded that, like the freedom of speech guaranteed in the First Amendment, the National Labor Relations Act protects the right of employers not to speak.

The full text of the court opinion is available online.

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Reminder: Employers Must Use New Version of Form I-9 Beginning May 7, 2013

Employee Benefits Contributor — Thu, 16 May 2013 19:15:22 +0000

Prior Versions of Form I-9 No Longer Accepted

Employers that needed additional time to switch to the new Form I-9 (released in March) must begin using the revised version effective May 7th. Federal law requires all U.S. employers to verify the identity and employment eligibility of employees hired to work in the United States by completing Form I-9.

Employers should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.

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2014 Health Savings Account Limits

Employee Benefits Contributor — Thu, 16 May 2013 19:15:21 +0000

HSA Contribution Limits and Minimum Deductibles for 2014 Adjusted for Inflation

The Internal Revenue Service (IRS) has released the 2014 inflation adjusted amounts for health savings accounts (HSAs). To be eligible to have contributions made to an HSA, an individual must be covered under a high deductible health plan (HDHP) and meet certain other eligibility requirements.

Annual Contribution Limitation
For calendar year 2014, the annual limitation on HSA deductions for an individual with self-only coverage under an HDHP is $3,300. The annual limitation on HSA deductions for an individual with family coverage under an HDHP is $6,550.

High Deductible Health Plan
For calendar year 2014, a "high deductible health plan" is defined as a health plan with an annual deductible that is not less than $1,250 for self-only coverage or $2,500 for family coverage, and the annual out-of-pocket expenses (deductibles, co-payments, and other amounts, but not premiums) do not exceed $6,350 for self-only coverage or $12,700 for family coverage.

To view the IRS announcement, please see Revenue Procedure 2013-25.

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OSHA Launches Initiative to Protect Temporary Workers

Employee Benefits Contributor — Thu, 16 May 2013 19:15:20 +0000

Inspections to Assess Temporary Workers' Protections from Workplace Hazards

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has announced an initiative to further protect temporary employees from workplace hazards. The announcement was made during a program marking Workers' Memorial Day—an annual observance to honor workers who have died on the job and renew a commitment to making work sites across the country safer.

Inspections Reveal Gap in Workplace Safety
Employers have a duty under the Occupational Safety and Health Act (OSH Act) to provide necessary safety and health training to all workers regarding workplace hazards.

Recent inspections have indicated problems where temporary workers (those supplied to a host employer and paid by a staffing agency) have not been trained and were not protected from serious workplace hazards, including due to lack of personal protective equipment. In response, OSHA is making a concerted effort using enforcement, outreach and training to assure that temporary workers are protected from workplace hazards.

Agency Memo Highlights Employers' Responsibilities
A recently issued OSHA memo directs field inspectors to assess whether employers who use temporary workers are complying with their responsibilities under the OSH Act. The memo provides that inspectors will, among other things:

Use a newly created code to denote when temporary workers are exposed to safety and health violations; and
Assess, using records and interviews, whether temporary workers received required training in a language and vocabulary they could understand.

Visit the OSHA Small Business page for resources and information designed specifically for small business employers, including safety and health tools and publications, easy-to-follow guides for specific OSHA standards, and descriptions of benefits that small businesses receive from OSHA.

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Cap on H-1B Non-Immigrant Visas Reached for Fiscal Year 2014

Employee Benefits Contributor — Thu, 16 May 2013 19:15:19 +0000

Statutory Limit Reached for First Time Since 2008

U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 non-immigrant visas for fiscal year 2014 within the first week of the filing period, which ended on April 5, 2013. The H-1B program allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, including scientists, engineers, and computer programmers.

More Than 120,000 Petitions Filed
By law, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master's degrees or higher are exempt from this cap (known as the "advanced degree exemption").

USCIS received approximately 124,000 H-1B petitions during the filing period, including more than 20,000 petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated lottery to select a sufficient number of petitions to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. The agency conducted the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected were part of the random selection process for the 65,000 limit.

For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

USCIS Continues to Process Some Petitions
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally-mandated fiscal year 2014 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:

Extend the amount of time a current H-1B worker may remain in the U.S.;
Change the terms of employment for current H-1B workers;
Allow current H-1B workers to change employers; and
Allow current H-1B workers to work concurrently in a second H-1B position.

Click here for more information on the H-1B fiscal year 2014 cap season.

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New Prevailing Wage Rule Allows Processing to Resume for H-2B Temporary Non-Agricultural Program

Employee Benefits Contributor — Thu, 16 May 2013 19:15:18 +0000

Employers Must Comply with New Prevailing Wage Rule for H-2B Workers Performing Work On or After April 24, 2013

Effective April 24, 2013, a new interim final rule revises the methodology used to calculate certain prevailing wages paid to H-2B workers and U.S. workers recruited in connection with an H-2B application for temporary employment certification. As a result, the processing of applications and prevailing wage requests has now resumed after being temporarily suspended in response to a court order.

New Methodology for Prevailing Wage Determinations
The interim final rule eliminates the use of four-tier wage rates based on the U.S. Bureau of Labor Statistics' Occupational Employment Statistics (OES) survey and replaces them with the OES arithmetic mean. Prevailing wages will continue to be set based on the applicable collective bargaining agreement wage rates, or, at the employer's request, the Service Contract Act or Davis-Bacon Act wage determinations, or appropriate private wage surveys.

The new wage methodology rule applies to all requests for prevailing wage determinations and applications for temporary employment certification processed on or after April 24, 2013, as well as H-2B work being performed on or after this date. It also applies to employers who currently employ H-2B workers, and those employers will be responsible for providing wages that comply with the new methodology for all work performed on and after the date an employer receives a supplemental prevailing wage determination from the U.S. Department of Labor.

FAQs Provide Additional Guidance
A set of FAQs accompanies the interim final rule and addresses the applicability of the new prevailing wage methodology, employer wage obligations, requests for review and the processing of pending H-2B prevailing wage requests and H-2B applications for temporary labor certification.

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Coverage of Preventive Services: No Cost-Sharing for Over-the-Counter Items Prescribed by Health Provider

Employee Benefits Contributor — Thu, 16 May 2013 18:05:05 +0000

Guidance for Non-Grandfathered Group Health Plans

Non-grandfathered group health plans required to cover certain preventive services under Health Care Reform must cover over-the-counter recommended items and services (such as aspirin) without cost-sharing only when prescribed by a health care provider.

Required Coverage of Preventive Services
The term "preventive services" refers generally to routine health care that includes screenings, check-ups, and patient counseling to prevent illnesses, disease, or other health problems. Under the law, non-grandfathered group health plans must provide coverage of certain preventive health services—without cost-sharing—based on various agency and advisory committee recommendations and guidelines.

According to guidance released by the agencies responsible for enforcement, recommended items and services that are available over-the-counter must be covered without cost-sharing only when prescribed by a health care provider.

For More Information
Guidelines for preventive services are regularly updated to reflect new scientific and medical advances. As new services are approved, non-grandfathered plans will be required to cover them with no cost-sharing for plan years beginning one year later. A list of required preventive services is available from the U.S. Department of Health and Human Services.

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Updated Model COBRA Election Notice Includes Information Regarding Health Insurance Exchanges

Employee Benefits Contributor — Thu, 16 May 2013 18:05:04 +0000

Revised Notice Informs Individuals of New Coverage Alternatives

A revised Model COBRA Election Notice is now available for group health plans to inform eligible employees and dependents of the right to continuation of coverage under federal law and how to make an election when a qualifying event occurs. The updated model notice includes information regarding coverage alternatives that will be available through the new Health Insurance Exchanges (also known as Marketplaces).

COBRA Election Notice Requirement
COBRA (the Consolidated Omnibus Budget Reconciliation Act) generally applies to group health plans sponsored by employers with 20 or employees (including both full- and part-time employees) on more than 50% of their typical business days in the previous calendar year.

In general, an individual who was covered by a group health plan on the day before a qualifying event (such as termination of employment) may be able to elect COBRA continuation coverage upon a loss of coverage due to the qualifying event. Upon the occurrence of a qualifying event, the plan administrator is required to provide these individuals (called "qualified beneficiaries") with an election notice, generally within 14 days after the administrator receives notice of the qualifying event.

Revised Model COBRA Election Notice
The updated Model COBRA Election Notice includes additional information for qualified beneficiaries who may want to consider and compare health coverage alternatives to COBRA that will be available through the Insurance Exchanges, which are expected to begin operating in 2014. The revised notice also describes the availability of premium tax credits for purchasing coverage through the Exchange.

Additional information regarding the revised notice is available in Technical Release 2013-02. A redline from the prior model notice is also available to identify the changes made from the previous version.

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Model Exchange Notices Now Available: Employers Must Distribute to Employees No Later Than October 1, 2013

Employee Benefits Contributor — Thu, 16 May 2013 18:05:03 +0000

Notice Must Be Provided to Current and New Employees

Following a delay in the original effective date, employers will need to comply with the new requirement to provide each employee a written notice with information about a Health Insurance Exchange (also known as a Marketplace) beginning this fall.

Employers are required to provide the written notice to each current employee not later than October 1, 2013, and to each new employee at the time of hiring beginning October 1, 2013 (for 2014, a notice will be considered provided "at the time of hiring" if it is provided within 14 days of an employee's start date). Model language that employers may use to satisfy the notice requirement is available from the U.S. Department of Labor (DOL):

Model Notice for Employers Who Offer a Health Plan to Some or All Employees
Model Notice for Employers Who Do Not Offer a Health Plan

Employers must provide the notice to each employee (automatically and free of charge) regardless of plan enrollment status (if applicable) or of part-time or full-time status. The notice may be provided by first-class mail, or, alternatively, it may be provided electronically if certain requirements are met. Employers are not required to provide a separate notice to dependents or other individuals who are or may become eligible for coverage under the plan but who are not employees.

For More Information
Additional details regarding the Exchange Notice (also referred to as a "Notice of Coverage Options") are explained in Technical Release 2013-02. According to the DOL, this temporary guidance will remain in effect until the issuance of regulations or other guidance. Future regulations or other guidance will provide adequate time for employers to comply with any additional or modified requirements.

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‘Pay or Play’ and Dependent Coverage: Transitional Relief for 2014

Employee Benefits Contributor — Thu, 16 May 2013 18:05:02 +0000

Addition of Dependent Coverage May Present Administrative Challenges for Employers

Beginning in 2014, certain large employers may be required to pay a penalty if they do not offer affordable health insurance that provides a minimum level of coverage to full-time employees (and their dependents). Proposed rules issued by the IRS recognize that a number of employers currently offer coverage only to employees, and that expanding their health plans to add dependent coverage will require substantial revisions to their plans and to their procedures for administration of the plans.

Transition Relief Available
To provide employers sufficient time to make the necessary revisions, transition relief is available with respect to dependent coverage for plan years that begin in 2014. Specifically, an employer that takes steps toward satisfying the requirement to offer coverage to dependents of full-time employees during its plan year that begins in 2014 will not be liable for a penalty solely based on the failure to offer coverage to such dependents for that plan year.

Offer of Coverage to Spouse Not Required
Note that, for purposes of the "pay or play" requirements, the term "dependent" is defined in the proposed rules as an employee's child who is under 26 years of age, and does not include an employee's spouse.

Additional Information
As the IRS did not provide guidance concerning what is considered "taking steps" to satisfy the requirement to offer dependent coverage sufficient to qualify for transitional relief, it would be prudent for an employer to consult with an attorney or the IRS to obtain individualized guidance and ensure full compliance when it comes to dependent coverage.

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