The ETC HR and Compliance Blog

All the hubbub over the federal government shutdown has resulted in some confusion and questions about taxpayers and potential tax refunds they may be due.  Importantly, and as a reminder, we point out two important facts: This latest discussion concerns ONLY individuals and their individual...

A Texas federal district judge on Friday,  Dec. 14, 2018, held that the individual mandate was unconstitutional, and the remainder of the ACA was invalid and unenforceable in Texas v U.S. The court reasoned that without the individual mandate tax penalty, which was reduced to...

Just a quick peek at the U.S. Dept. of Labor’s Wage and Hour Tweets for the last two weeks caused me to remember a proverb my parents often repeated with a sigh as we watched the news; “The more things change, the more they stay...

In its continued efforts in assisting and educating employers with respect to wage and hour compliance, the U.S. Dept. of Labor recently released a new compliance tool for small businesses.   If you have a small business and have questions or compliance needs, you should check it...

The US Dept. of Labor has released new compliance assistance materials for association health plans (AHPs) to assist plan sponsors in understanding what their obligations are under ERISA.  A very thorough overview of these compliance responsibilities and procedures, can be found here:  https://www.dol.gov/sites/default/files/ebsa/about-ebsa/our-activities/resource-center/publications/compliance-assistance-publication-ahp.pdf  Additional information from the...

Federal regulators have taken a beginning and extremely tentative step which could alter the landscape of employee group health benefits and how their premiums are paid. In what the IRS said was to “initiate and inform the process,” it issued Notice 2018-88 to suggest ideas about...

Texas has a long and somewhat checkered history when it comes to an employer using a health reimbursement arrangement to pay for an employee’s health care benefit plan.  The main question was always: can an employer legally implement an HRA and permit his employees to...

A couple of important caveats exist for any employer or  adviser who is interested in possibly heading down this new path to use HRAs as a vehicle for providing health benefit plans for employees: First, the proposed rule is the first real look at how the...

If one ever wondered how serious the U.S. Dept. of Labor and especially its Wage and Hour Division is about enforcing the laws and regulations, a review will prove in no uncertain terms: Employers who don’t take compliance seriously are risking a lot of financial...