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McBrayer Blogs

Showing 6 posts in Insurance Coverage.

Notices Required by the Affordable Care Act by October 2013

By October 1, 2013, employers must provide current employees and new hires with notices concerning health insurance and state exchanges created pursuant to the Affordable Care Act (“ACA”). These notices are required by section 18B of the Fair Labor Standards Act (“FLSA”), an amendment created by the ACA. More >

Are You Going to Play or Pay? Part II

On Monday, we discussed how to determine if you are a “large employer” for purposes of the ACA’s employer mandate. Once you know whether the mandate is applicable, the next step is to know what you will be signing up for if you decide to “play.”  The mandate requires you to offer “minimum essential health coverage” that is “affordable” to all full-time employees in 2014. Of course, you need to know what these vague terms really mean. Here’s a general description: More >

Are You Going to Play or Pay?

The Affordable Care Act (“ACA”) includes an “Employer Mandate” that every employer should understand. Although the mandate will not take effect until January 2014, now is the time to learn about it.  The mandate requires “large employers” to offer health coverage for “full-time employees” (and their dependents) or pay a penalty tax. The system has become known as “play or pay.” While the requirement may appear quite simple, do not be fooled. It requires a complicated analysis and employers will likely need professional advice to decide whether or not they are going to play or pay in the coming year. More >

Plan Documents Rule Ineffective to Protect ERISA Administrators Against Claims by Adverse Spouses

Posted In Employee Contracts, Employment Law, ERISA, Insurance Coverage

By now, it is abundantly clear that administrators of ERISA pension or life-insurance plans are required to pay death benefits to the spousal beneficiary identified in the employee’s plan documents even when the employee has divorced the spouse identified at the time the benefits become payable.  The so called “Plan Documents Rule” can have a harsh effect as it applies even when the former spouse has waived all interest in an employee’s ERISA plan during state court divorce proceedings.  See McMillan v. Parrott, 913 F.2d 310 (6th Cir. 1990); Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, 555 U.S. 285 (2009).  The Supreme Court has rationalized strict interpretation of the Plan Documents Rule, in part, because it establishes a uniform administrative scheme and simplifies the duties incumbent upon a plan administrator in making distributions. More >

Major Verdicts and Settlements

Posted In Employment Law, Insurance Coverage

Lane Report, March 2012 More >

Is your business covered?

Posted In Business Insurance, Employment Law, Insurance Coverage

While nearly all business owners know that they need to purchase and maintain insurance to cover unexpected loss and liabilities, many discover only too late that the insurance which they purchased does not provide the extent or type of coverage expected.  It is vitally important that any business owner fully understand what his/her insurance does and does not cover and the types of insurance needed.  What insurance is needed will depend upon factors such as the size of the business, the type of business, the number of employees and the risks involved with operation.  As litigation in general increases, particularly in the employment area, the time to ask questions about the scope of one's coverage is not upon service of suit, but rather, at the time insurance is purchased.  In most instances a variety of insurance coverage is advisable, and the cost of the insurance is routinely minor compared to what the cost would be to defend a lawsuit through trial.  Employment practices liability coverage, for example, is becoming increasingly popular for medium to large employers to protect from suits for harassment, wrongful termination, and the like, and such coverage can prove of vital importance in the event of litigation.    More >

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