Can an employer deny COBRA for gross misconduct?

COBRA regulations allow for denial of COBRA for reasons of “gross misconduct.” However, the term "gross misconduct" is not specifically defined in the regulations.

Can employers charge higher premiums for smokers?

Yes, the HIPAA nondiscrimination provisions generally prohibit group health plans from charging similarly situated individuals different premiums or imposing a different deductible, copayment, or other cost sharing requirements based on a health factor. However, there is an exception for plans that offer wellness programs, as long as the plan conditions a reward based an individual satisfying a standard related to a health factor. Wellness programs must meet five requirements described in the final rules in order to comply with the nondiscrimination rules.

When is the NLRA posting deadline?

A federal court on Tuesday, April 17 blocked the National Labor Relations Board (NLRB) from issuing a rule that would require employers to post notices explaining workers’ collective bargaining rights.

Are all employers required to provide a SPD to their employees?

If a company or organization is subject to ERISA, the plan administrator is legally obligated to provide to participants, free of charge, a summary plan description within 90 days of enrolling in the plan.

Since I live in tornado alley, do I need special tornado coverage?

In short, no. Simply put, tornados are wind. Wind is always a covered peril under all insurance policies.

Does everyone have to comply with OSHA record-keeping requirements?

OSHA’s record-keeping requirements generally don’t apply to companies with fewer than 10 employees. Low-hazard industries are also exempt from some reporting requirements as well. Your question didn’t specify how many employees you have, but based on the fact that you are a retailer, it would appear you are exempt from reporting requirements.

Should investors steer clear of international investments?

With all of the problems facing the Euro-zone, it’s hard to construct a scenario in which the region avoids recession. Our belief at Bukaty Companies is that a mild recession in Europe may be priced into markets at this point, as it is a frequently discussed problem.

Are there new FSA contribution limits this year?

The Affordable Care Act, enacted in March 2010, will limit the amount of pre-tax dollars an employee can contribute to a health Flexible Spending Account in 2013. Presently, there is no IRS-imposed limit on an employee’s pre-tax health FSA contribution. In 2013, however, FSA plans must limit FSA health benefits to $2,500 per calendar year per enrolled employee.

How can I cut medical insurance costs without compromising the plan?

For more than a decade, most employers have wrestled with how to keep medical insurance premiums in check and come up empty. Double-digit medical trend, increased utilization, and a lack of employee understanding have created an environment that has bred discontent toward employer-sponsored benefit programs for both employers and employees. By using traditional business planning principles, this pattern can be reversed. Employers can take steps to help contain health care costs that don’t rely on simply slashing benefits or shifting costs to employees.

How can I use my FSA dollars before the end of the year?

The Affordable Care Act severely limits how over-the-counter medications are reimbursed through a health Flexible Spending Account (FSA). Starting in January 2011, over-the-counter medications can only be reimbursed through an FSA if prescribed by a physician. However, the new rule does not apply to items for medical care that are not medicines or drugs.
Subscribe to Subscriber Answers