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  • Posts by Benjamin Evans

    Ben concentrates his practice in employee benefits law, including qualified retirement plans, employee welfare benefit plans, nonqualified deferred compensation arrangements, COBRA, and ERISA-related litigation. Ben also ...

Some employers which are policyholders of group health insurance contracts that fund employee benefit plans have started to receive rebates from health insurance companies due to the Patient Protection and Affordable Care Act’s medical loss ratio (MLR) standards, which were first applicable for the 2011 policy year. What should employers do with this rebate money?

Civil enforcement by participants under the Employee Retirement Income Security Act of 1974, as amended (ERISA) generally has been construed narrowly, but language in a recent U.S. Supreme Court case suggests that participants now may be entitled to a broader range of relief when a participant wins an ERISA lawsuit. While the Court has clarified that a summary plan description (SPD) is not a formal plan document, the opinion indicates that participants who can show “actual harm” from faulty benefit plan-related communications may be entitled to more relief under ERISA than previously was thought.

On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (PPACA), which contains a number of items that will affect employer group health plans and health care providers in the coming months and years.  Certain provisions under PPACA were further modified by the Health Care and Education Tax Credit Reconciliation Act of 2010 (Reconciliation ...

As discussed in previous issues of Kentucky Employment Law Letter, employers and employees continue to enter into binding arbitration agreements under which both sides agree to resolve any disputes arising out of the employment relationship before an arbitrator. Usually, that means the employee doesn’t have the option of seeking a judicial remedy. But if you’re thinking about entering into an arbitration arrangement with your employees, you should proceed cautiously. Read on to learn more about some of the potential pitfalls that may result when litigating the validity of an arbitration agreement.

Like all states, Kentucky maintains different statutes of limitations depending on the matter before the court.  Cases involving private matters (i.e., a written contract dispute) have a 15-year statute of limitations, while cases based on statute violations have a five-year limitations period.  The Sixth U.S. Circuit Court of Appeals (which covers Kentucky) recently held that Kentucky’s five-year statute of limitations applies to federal Employee Retirement Income Security Act of 1974 (ERISA) claims regarding disputes over the effectiveness of a spouse’s consent to a participant’s benefit election.

On February 11, the U.S. Department of Labor (DOL) published a number of proposed changes to the current Family and Medical Leave Act (FMLA) regulations. The proposal affects three primary areas: serious health conditions, intermittent leave, and medical certifications. Read on for a summary of the most pertinent changes. 

Congress’ first quarter of 2007 has been an active one, with proposals made for regulating various aspects of the employment relationship. Since January, several significant pieces of legislation pertaining to labor and employment have been considered. The following is a summary of just a few of them.



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