Category: Upcoming Events & Newsletters

In the Loop – September

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Consumer Prices Dropped in June For the First Time in 4 Years

The U.S. Bureau of Labor Statistics reported that the consumer price index (CPI) rose 3% year over year in June, declining from 3.3% in May. This is the first time since May 2020 that the monthly rate has shown a decrease.

The Importance of Routine Vaccinations

The World Health Organization reports that vaccinations prevent between 3.5 million and 5 million deaths each year from diseases like diphtheria, influenza (flu), measles and tetanus. By staying updated with recommended vaccines, adults can significantly lower their chances of contracting preventable diseases and stay healthier for longer.

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Legal Update: Final Rule Makes Extensive Changes to Mental Health Parity Requirements

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On Sept. 9, 2024, the Departments of Labor, Health and Human Services, and the Treasury (Departments) released a final rule to strengthen the requirements of the Mental Health Parity and Addiction Equity Act (MHPAEA). According to the Departments, the final rule is designed to achieve MHPAEA’s purpose of ensuring individuals with private health coverage do not face greater restrictions to obtaining mental health and substance use disorder (MH/SUD) benefits than they would face for medical/surgical (M/S) benefits.


Significantly, the final rule adds protections against more restrictive non quantitative treatment limitations (NQTLs). For example, the final rule requires group health plans and health insurance issuers to collect and evaluate data related to the NQTLs they place on MH/SUD care and make changes if the data shows they are providing insufficient access.

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Compliance Overview – Medicare Part D: Creditable Coverage Disclosure Notices Due Before Oct. 15

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Employers with group health plans that provide prescription drug coverage must notify Medicare Part D eligible individuals before Oct. 15 of each year about whether the drug coverage is at least as good as the Medicare Part D coverage (in other words, whether their prescription drug coverage is “creditable”).


This notice is important because Medicare beneficiaries who are not covered by creditable prescription drug coverage and who choose not to enroll in Medicare Part D before the end of their initial enrollment period will likely pay higher premiums if they enroll in Medicare Part D at a later date. Thus, although there are no specific penalties associated with this notice requirement, failing to provide the notice may trigger adverse employee relations issues.

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Legal Update: Pay-or-Play Affordability Percentage Will Increase for 2025

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On Sept. 6, 2024, the IRS released Revenue Procedure 2024-35 to index the contribution percentage in 2025 for determining the affordability of an employer’s plan under the Affordable Care Act (ACA). For plan years beginning in 2025, employer-sponsored coverage will be considered affordable under the ACA’s “pay-or-play” rules if the employee’s required contribution for self-only coverage does not exceed 9.02% of their household income for the year.

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News Brief: Report: Employee Happiness Declining in 2024

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Employee satisfaction has plummeted to its lowest point in four years, according to BambooHR’s most recent Employee Happiness Index. The survey recorded a score of 35 out of 100 in May 2024, consistently trending down from 44 in May 2020,signaling a “troubling trend” in workplace morale. More recently, employee happiness dropped 5% from June 2023 to June 2024.


The second-quarter (Q2) decline dampened the modest increase seen in the first quarter and marked a return to the steady downward trend of employee dissatisfaction since 2020, dubbed the “Great Gloom.” This trend is characterized by rising disengagement, burnout and dissatisfaction at work. While employees are less inclined to quit their jobs than in previous years,employers are struggling to engage their workforce effectively.

“This persistent decline throughout Q2 2024, with scores consistently below 36, is alarming and signals a critical need for organizational introspection and action. As leaders, we must enhance our engagement efforts, support our teams in their workplace transitions and foster open lines of communication.”

-Anita Grantham, head of HR, BambooHR

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Legal Update: Draft Forms for 2024 ACA Reporting & Draft B Series Instructions Released

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The Internal Revenue Service (IRS) has released draft 2024 forms for reporting under Internal Revenue Code Sections 6055 and 6056. Draft instructions for these forms have not yet been released.

  • The 2024 draft Forms 1094-B and 1095-B (and related draft instructions) are draft versions of forms and instructions that will be used by providers of minimum essential coverage—including self-insured plan sponsors that are not applicable large employers (ALEs)—to report under Section 6055.
  • The 2024 draft Forms 1094-C and 1095-C are draft versions of forms that will be used by ALEs to report under Section 6056 as well as for combined Section 6055 and 6056 reporting by ALEs that sponsor self-insured plans.

No major changes were made to the draft forms, or the draft B series instructions, for 2024 reporting.
However, certain changes may be made once the forms and instructions are finalized.

Click here to learn more and download this Legal Update

HR Brief – NLRB Voluntarily Withdraws Joint-employer Rule Appeal (September)

On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed its appeal of the U.S. District Court for the Eastern District of Texas decision vacating the NLRB’s 2023 joint-employer rule. Thus, the decision of the Eastern District of Texas will be final.


The rule, which had been set to take effect on March 11, 2024, would have expanded the types of control over job terms and conditions that trigger joint employment. The NLRB stated it would like to consider the issues identified in the Eastern District of Texas’ decision and options for addressing outstanding joint-employer matters. As a result of the Eastern District of Texas’ ruling and the NLRB’s decision to withdraw its appeal, the former 2020 joint-employer rule remains in effect and calls into question the future status of the 2023 rule.

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Legal Update: IRS Fact Sheet: SECURE 2.0 May Impact How Businesses Complete Forms W-2

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The IRS is reminding businesses that, starting in tax year 2023, changes under the SECURE 2.0 Act may affect the amounts they need to report on their Forms W-2. On Aug. 29, 2024, the agency released a
fact sheet that details the provisions potentially affecting Forms W-2 (including Forms W-2AS, W-2GU andW-2VI).

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Compliance Bulletin – Employer Considerations for Navigating Election Season

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Election season can be a fraught time for employers. Employers are often faced with the challenge
of fostering a culture of open communication while ensuring a civil work environment and navigating
a variety of federal, state and local laws. Therefore, as the 2024 election approaches, it is critical for employers to understand their legal rights and responsibilities, as well as the steps they can take to prevent and mitigate political tension in the workplace.

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Legal Update: OSHA Proposes Heat Injury and Illness Prevention Standard

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On Aug. 30, 2024, the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking in the Federal Register to protect workers from heat injury and illness. If finalized, the new standard would apply to all employers conducting indoor and outdoor work in all general industry, construction, maritime and agricultural sectors where OSHA has jurisdiction, subject to limited exceptions.

Click here to learn more and download this Legal Update