Employee Benefits and Healthcare

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Posted on April 16, 2020

This link to the Georgia Department of Labor website provides up-to-date information on how the Georgia DOL is managing unemployment claims, including the Federal Pandemic Unemployment Compensation program, which provides $600 in additional benefits per week to qualifying recipients of unemployment, and the Pandemic Unemployment Assistance, which will provide unemployment assistance to those who are not traditionally eligible for unemployment. Please be aware that employees of nonprofits that are not typically eligible for unemployment because their employer does not contribute to the unemployment system, such as nonprofit employers with fewer than 4 employees, may be eligible for benefits under the Pandemic Unemployment Assistance program.

Posted on March 24, 2020

Updated April 6, 2020
Please see this link for Frequently Asked Questions related to the new Family and Sick Leave obligations imposed by the Families First Coronavirus Response Act and other employment and benefits questions you may have as you are managing your workforce through this crisis. Please be aware that these FAQs have been updated to reflect additional guidance issued by the U.S. Department of Labor at the end of March 2020. Please contact your PBPA attorney if you have additional questions

Posted on March 19, 2020

The Families First Coronavirus Response Act (the “Act”) was signed into law on March 18, 2020 and goes into effect on April 2, 2020. This law is a financial aid package intended to address the Coronavirus outbreak. It includes several employment-related provisions that affect will employers with fewer than 500 employees, including nonprofits. Employers are required to provide family leave for public health emergencies and paid sick leave. Employers have 15 days to determine how they will comply with the Act and start implementing it. They will also need to provide notice to employees of these new requirements through postings and policies. While the Act provides the Department of Labor with the ability to issue regulations to exempt certain employers with fewer than 50 employees from the family leave requirements, please be aware that no such regulations have, as yet, been issued. See this new Legal Alert for more information.

Posted on March 19, 2020

Unfortunately, in this new world of the COVID-19 pandemic, many of our clients are being faced with the need to curtail operations, and either reduce employee hours or lay off employees. Here is a notice from the Georgia Department of Labor about a requirement for all Georgia Employers to file partial unemployment claims on behalf of employees working less than their regular hours due to the COVID-19 outbreak. An employer that fails to file a claim if an eligible reduction in hours or layoff occurs may be held responsible for repaying the agency for any benefits paid to employees.

Posted on February 27, 2020

SECURE 403(b) plans 1-20The Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) made numerous changes to retirement plans, many of which apply to 401(k) plans. However, many of those changes also apply to 403(b) plans of nonprofit organizations. This article highlights the SECURE Act provisions that may affect 403(b) plans and is intended to be read with “SECURE Act Highlights for Employers” (https://www.nelsonmullins.com/idea_exchange/alerts/Comp-and-Benefits-Brief/all/secure-act-highlights-for-employers). Discussion of any tax credits has been omitted on the assumption that nonprofits do not have taxable income that could be reduced by tax credits.

Posted on January 30, 2020

This article presents general guidelines for Georgia nonprofit organizations as of the date written and should not be construed as legal advice. Always consult an attorney to address your particular situation.

By Kathryn B. Solley, Nelson Mullins Riley and Scarborough, LLP

In the past, employers, including nonprofits, were prohibited from reimbursing employee health care premiums. With the institution of ICHRAs, which are explained in more detail below, beginning on January 1, 2020, employers are once again permitted to reimburse employees for health care premiums under certain circumstances.

What is an ICHRA?
ICHRA stands for Individual Coverage HRA or Health Reimbursement Account. Pronounced “Ick-rah”.

What does an ICHRA do?

An ICHRA allows an employer to reimburse employees for individual health insurance premiums on a tax-favored basis.

Which employees can be offered an ICHRA?

An ICHRA is offered only to employees who are not offered group health insurance; an employee cannot choose between an ICHRA or group health insurance.
If all employees are offered an ICHRA, the size of the employer does not matter.
However, employers are permitted to offer an ICHRA to one class of employees and a traditional group health plan to another class of employees. In that case, there is a minimum class size for those offered an ICHRA:

Total Number of Employees: Less than 100, Minimum Class Size: 10
Total Number of Employees: 100 – 200, Minimum Class Size: 10% of total employees
Total Number of Employees: More than 20 Minimum, Class Size: 20

Posted on July 3, 2018

Nonprofits may be subject to the Family and Medical Leave Act (FMLA). This article is intended to provide a general overview of the FMLA. Topics covered in this article are:

    1. What is the FMLA?;
    2. Who qualifies as a “covered” employer and an eligible employee;
    3. Obligations of under the FMLA;
    4. Qualifying reasons for FMLA leave; and 5. What employers are prohibited from doing under the FMLA.
Posted on September 22, 2017

Nonprofits can offer robust benefits packages to attract and retain employees. During this webinar, our speaker will provide an overview of the following types of employee benefits that nonprofits can offer, along with a discussion of the regulatory requirements and the pros and cons of each type of benefit:
– Tax-qualified retirement benefits;
– Executive compensation; and
– Health and welfare benefits

Presenter: Constance Brewster of Troutman Sanders

Click here to view the webcast.

Posted on February 2, 2017

Small employers were presented with a holiday gift – the opportunity to reimburse their employees for premiums paid for insurance purchased in the individual market. This practice had been prohibited under the Affordable Care Act (“ACA”). The new law, passed as part of the 21st Century Cures Act, allows small employers to adopt qualifying reimbursement programs effective as early as January 1, 2017. Please read this article to determine whether this new opportunity is right for your organization.

Posted on October 19, 2015

Employee wellness plans have become more common in recent years. Their increased popularity reflects the belief that encouraging healthy habits among workers will improve employees’ health and overall quality of life, resulting in decreased health-insurance costs and lower employee absenteeism. Both the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable Care Act restrict the types of wellness programs that may be offered and whether an employer may charge an employee additional health insurance premiums if the employee is a smoker or otherwise engages in unhealthy practices. State laws also regulate these programs. Miller & Chevalier has prepared a legal alert that gives a brief overview of the rules regarding wellness plans. Please

Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.