COBRA

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    Valentine's Day isn't just about love and romance — it's also typically regarded as the start of divorce season because it's marked by an increase in new divorce filings. Although employers may want to avoid this uncomfortable topic with employees, you can't avoid your legal obligations to an employee's former spouse postdivorce. For a period...
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    The Affordable Care Act (ACA) has brought profound changes to the world of employee healthcare benefits. Those changes will accelerate in the coming years as the coverage mandate generally applicable to employers with 50 or more full-time employees takes effect, a deadline that's now scheduled for 2015. Apart from all the "big- picture" issues...
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    Before 1986, employees who lost or changed their jobs couldn't continue the healthcare coverage provided by a previous employer. When Congress passed the Consolidated Omnibus Budget Reconciliation Act, more commonly known as COBRA, employers were required to allow former employees and their covered spouses and dependents the opportunity to...
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    On June 26, 2013, the U.S. Supreme Court declared Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Section 3 defined marriage under federal law as a union between one man and one woman, which prevented the federal government from recognizing any marriages between same-sex couples for the purpose of federal laws or programs, even...
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    The Affordable Care Act (ACA) requires all employers covered by the Fair Labor Standards Act (FLSA)—generally, that's any employer with one or more employees engaged in interstate commerce—to distribute an informational notice before October 1, 2013, that informs employees of their access to state health insurance exchanges (or...
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    Does the U.S. Supreme Court's Windsor ruling have you tied up in a knot? Here are some further points to ponder about the case. Implication for employee benefit plans The case has many implications for employee benefit plans. For instance, qualifying same-sex spouses that are covered under health insurance plans can now receive that coverage...
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    We've all seen the media reports touting the recent U.S. Supreme Court decision striking down portions of the Defense of Marriage Act (DOMA) as a major societal shift in this country and a major victory for supporters of same-sex couples' inherent rights. While I am but a mere employee benefits lawyer, it seems likely that both are true—and...
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    Beginning August 1, 2013, Minnesota will be the 12th state to recognize same-sex marriages. The marriage equality bill was signed into law on May 14 by Governor Mark Dayton, less than a year after voters rejected a proposed amendment to the Minnesota Constitution defining marriage as between one man and one woman. The passage of the bill will have...
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    Q Can an employer require exempt employees to work more than a normal eight-hour shift to catch up on a backlog of work? A Both the Fair Labor Standards Act (FLSA) and the New York Minimum Wage Act (and the applicable regulations) generally require the payment of overtime wages if employees work more than 40 hours per week. However, employees...
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    By Stacey Rose Harris DiMuroGinsberg, P.C.   This is the third and final article in our series addressing your obligations under the Consolidated Omnibus Budget Reconciliation Act of 1985, commonly referred to as COBRA. Under COBRA, employers with 20 or more employees must allow employees to purchase health insurance after a “...
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