The IRS has announced the 2025 calendar year dollar limits for health savings account (“HSA”) contributions, the minimum deductible amounts, and maximum out-of-pocket expenses for high deductible health plans (“HDHPs”) and the health reimbursement account (“HRA”) excepted benefit limit.  By law, these limits are indexed annually to adjust for inflation. Background.  Among other requirements, HSA contributions may only be made by or for individuals who enroll in HDHPs.  The Internal Revenue Code provides the definition, annual deductible minimum and out-of-pocket maximum for HDHP ..read more

By Katherine Brustowicz, David Gabor, and Johanna Matloff Introduction This is a follow-up to our May 9, 2023, alert regarding the Pregnant Workers Fairness Act (PWFA) which went into effect on June 27, 2023.  Congress required the Equal Employment Opportunity Commission (EEOC) to issue regulations under the PWFA.  The EEOC has done just that by issuing its final rule and interpretive guidance which goes into effect on June 18, 2024.  This alert outlines employers’ duties under the new law, provides clarity on pregnant workers’ rights and protections, and guides employers on way ..read more

FTC Ban On Noncompetes: 7 Things Employees & Executives Must Know – Quoting WLG Law Alert by Katherine Brustowicz, David Gabor, Johanna Matloff, Mark Poerio, Andrew Oringer, and Virginia Peabody, May 8, 2024 (PDF)The post FTC Ban On Noncompetes: 7 Things Employees & Executives Must Know first appeared on The Wagner Law Group ..read more

Human Expertise Meets Machine Intelligence: The Winning Formula for Modern Financial Planning – Marcia Wagner, The Street, May 8, 2024 (PDF)The post Human Expertise Meets Machine Intelligence: The Winning Formula for Modern Financial Planning first appeared on The Wagner Law Group ..read more

401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version – Marcia Wagner, Bloomberg Law, May 7, 2024 (PDF)The post 401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version first appeared on The Wagner Law Group ..read more

By Seth Gaudreau and Stephen WIlkes The Department of Labor (the “Department”) issued its final amendment (the “Amendment”) to Prohibited Transaction Class Exemption 84-14 (the “QPAM Exemption”) on April 3, 2024. The QPAM Exemption is relied on by “qualified plan asset managers” (“QPAM”) managing assets of employee benefit plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and other plans described in Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”) (collectively “plans”).  The QPAM Exemption, subject to what the ..read more

The Department of Labor (“DOL”) has revoked its Association Health Plan (“AHP”) regulations and expects to replace them with stricter standards that provide additional employee protections. Background.  The group health plan market is divided into the small group and large group markets.  The size of the individual employer determines whether that employer’s coverage is subject to the small group or large group market rules. Under the Affordable Care Act (“ACA”), health insurance provided in the small group market must be “community rated,” meaning that it must satisfy rigid underwri ..read more

By Michael Schloss and Stephen Wilkes On April 25, 2024, the Department of Labor’s (DOL) new fiduciary investment advice rule, restyled as the “Retirement Security Rule”, was published in the Federal Register, amending a rule that has been unchanged since it was first published in 1975.[1]  Also on April 25th, DOL published a package of amended prohibited transaction class exemptions (PTCEs) including amendments to: PTCE 2020-02 which provides exemptive relief for eligible investment advice fiduciaries from the Employee Retirement Income Security Act’s (ERISA) prohibited transaction provi ..read more

By Dannae Delano In further response[i] to the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, the U.S. Department of Health and Human Services (“HHS”) has made final modifications to the HIPAA privacy rules designed to help protect patients and their providers with respect to reproductive health care.  These changes are effective December 22, 2024, but changes to Notices of Privacy Practices are not required until February 16, 2026. The changes to the privacy rule will require group health plans, including self-funded plans and fully in ..read more

Introduction: On April 23, 2024 the U.S. Federal Trade Commission (FTC) approved a proposed final rule which bans new non-competition clauses in employment contracts for most workers across the United States. The ban stems from the FTC’s view that non-competition clauses suppress wages and unfairly limit competition in violation of Section 5 of the Federal Trade Commission Act. This groundbreaking change in the law of non-competes is of significant importance to those employers and other service recipients who place value on non-compete agreements, and to those employees and other service ..read more