What Laws Govern Your Employee Benefits Program?
ERISA, the Employee Retirement Income Security Act, was passed in 1974 mainly to address retirement plans that failed to live up to promises. Additionally, Congress included coverage of welfare benefit plans under ERISA, which encompassed employer-sponsored benefit plans such as health, dental, vision and life insurance. Since 1974, Congress has passed legislation updating ERISA and incorporating COBRA and HIPAA and now PPACA into welfare benefit plans. These laws create a complex minefield for the untrained employer. Our Client Resource Team can assist you and your professional advisors in recognizing many of the traps that ensnare employers and in analyzing the terms of ERISA coverage.
ERISA / COBRA / HIPAA
- Access to experienced and well-known law firms for legal work related to plan documentation and legal needs
- Provide guidance regarding the law and rules governing when ERISA applies to allow the client to determine whether he or she is sponsoring an ERISA plan
- Review Summary Plan Descriptions and plan documents for consistency with plan terms
- Assist the client to determine whether they would benefit from a wrap document for multiple plans
- Discuss with client procedures for catching up on late or missing Form 5500 filings under the DOL's delinquent filer program
- Work with client's professional advisors in determining issues related to COBRA and HIPAA compliance and failures
FMLA / ADA / Workers' Compensation
- Assist in providing HR checklists, sample documents, forms, and regulatory updates regarding FMLA, ADA and Workers' Compensation
- Provide HR guidance on the general interplay of FMLA, ADA and Workers' Compensation
- Offer list of external vendors to assist with FMLA leave tracking
- Give HR guidance and coaching in the interactive process required by the ADA
- Provide information on best practices, safety and accident prevention
Federal Government Tightens Enforcement of Immigration Laws
Since 2009, U.S. Immigration and Customs Enforcement (ICE) have aggressively pursued a worksite enforcement strategy designed to hold employers accountable for hiring and maintaining a legal and compliant workforce. This enforcement effort has seen the number of worksite audits more than double with an excess of 3,000 notices per year and the amount of administrative fines increase from $1 million to more than $12 million per year. The Client Resource Team can help you be prepared for a potential ICE audit and reduce the risk of employer sanctions.
- Assist with an audit of I-9 forms and E-Verify process
- Offer up-to-date forms for I-9 compliance
- Provide information on best practices regarding record retention and filing