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The Department of Labor has published new model COBRA notices that reflect that coverage is available in the public health insurance exchanges and include information on special enrollment rights. With all of the recent changes flowing from PPACA, it is important not to forget some very basic and long-standing aspects of plan compliance, design, drafting, and administration. With Form 5500 season upon us, now is the time to consider correcting past failures to file using the DOL's Delinquent Filer Voluntary Correction Program (DFVCP). The IRS indicated that its intent is to streamline the process for reporting duplicate information required by Sections 6055 and 6056. On February 10, 2014, the IRS released final regulations on the PPACA Employer Shared Responsibility Provisions as well as additional substantial transitional relief. An employer did not violate the federal Family and Medical Leave Act for terminating an employee for violating its no-show, no-call policy, where the employee elected not to take protected FMLA leave. As employers continue to defend a series of claims challenging the longstanding practice of using unpaid interns, FLSA suits seek to expand the scope of compensable work under the Fair Labor Standards Act. A determination upholding an at-will employment clause challenged by a union is worth noting. A Federal Court of Appeals has upheld the National Labor Relations Board's ruling that a company's confidentiality policy unlawfully restricted employees' rights to disseminate information about their compensation. A little-known amendment made by PPACA to the Fair Labor Standards Act sits like a predator cat in the bushes waiting to pounce.
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