A Wisconsin employer’s settlement last month with the EEOC ended the final round of litigation initiated against it by the EEOC over its workplace wellness plan. In 2009, Manitowoc-based Orion Energy Systems (Orion) implemented a wellness program that included a health assessment. The health assessment consisted of a personal health questionnaire, a biometric screening, and […]

Employer, Not Insurer, Found Liable for Payment of Life Insurance Benefit A court ruling earlier this month highlights the importance for employers of reviewing internal policies and procedures regarding the communication of post-employment life insurance rights. In Erwood v. WellStar Health Systems, a federal judge in Pennsylvania ruled that an employer owes more than $750,000 […]

Although the Affordable Care Act’s (ACA’s) market reforms eliminated the ability of employers to permissibly reimburse employees for individually-incurred health insurance or medical costs, recent legislation now affords certain small employers with an alternate reimbursement option. The 21st Century Cures Act amended the Internal Revenue Code to authorize the creation of a new stand-alone HRA […]

Early this afternoon (Friday, February 03, 2017), President Trump signed an Executive Order directing the Department of Labor (DOL) to halt implementation of final regulations relating to “investment advice fiduciaries,” as defined under ERISA and the Internal Revenue Code. The Order directs the DOL to reevaluate the regulations and to report back to the President. […]

Within hours of being sworn in on Friday, January 20, 2017, President Trump signed an executive order (the Order), that affirmed the administration’s policy of seeking “the prompt repeal” of the Affordable Care Act (ACA). The Order, however, neither specifically mentions employers nor has any immediate impact on employers’ obligations under the ACA. It is […]

Recently our very own Kelly S. Kuglitsch was interviewed by the Wisconsin Law Journal regarding her practice. Kelly is an employee benefits attorney and a member of the firm’s employment law practice group. She works closely with other team members in providing practical and cost-effective answers and solutions to employer sponsors of benefit and compensation plans. […]

Be Aware: Current Phishing Email is Disguised as Official OCR Audit Communication As many HIPAA covered entities and their business associates are aware, the Office for Civil Rights (“OCR”) division of the United States Department Health and Human Services (“HHS”) has begun a second-round of audits to examine compliance with the HIPAA Privacy, Security and […]

The Internal Revenue Service recently published the cost-of-living adjustments to the dollar limits under various employer-sponsored retirement and health plans for 2017. The majority of the dollar limits are either unchanged or will increase only slightly. Employer-sponsors of benefit plans should update payroll and plan administration systems for the 2017 limits and ensure that any […]

The Department of Labor’s (DOL’s) final overtime rule (the Final Rule) takes effect December 1, 2016. As described in our prior post, the cumulative effect of the Final Rule will be to significantly expand the categories of employees eligible for overtime protection. As part of preparing to comply with the new wage and hour law, […]

We are excited to announce that Kelly Kuglitsch will be joining O’Neil, Cannon, Hollman, DeJong & Laing S.C. on October 24, 2016. Kelly will be a member of the firm’s employment law practice group, working closely with other team members in providing practical and cost-effective answers and solutions to employers. Kelly provides employers, plan administrators, […]

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