BAS Blog


 

Question of the Week

Q.- Can an employee be reimbursed from his health FSA for purchasing prescription drugs online? 

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Student Intern or Employee?

Recent court cases have illuminated the need to pay interns who act as employees. In Glatt v. Fox Searchlight Pictures, Inc., the Second Circuit Court of Appeals decided that unpaid interns deserved compensation as employees under the Fair Labor Standards Act and New York wage and hour law.   

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ALE Considerations

Employers that have 50 or more full-time equivalent employees, or those in a controlled group of companies that together have 50 or more full-time employees, must be ready for health care reform.  These employers are considered Applicable Large Employers (ALEs).  

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Question of the Week

Q.-  Our company purchased another company. All of the new employees are coming under our health plan. Do we have to send them a COBRA Initial Rights Notice, even if they had health coverage prior to the acquisition? 

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Distribution of Summary Annual Report

Health plans with 100 or more participants must file a Form 5500 informational return with the Department of Labor by the last day of the 7th calendar month after the end of the plan year. This was July 31 for calendar year plans that did not request a filing extension.

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Draft ACA 2015 Filing Instructions Released

The IRS released draft instructions for the 2015 Forms 1095-C/B and 1094-C/B. These forms must be filed in 2016 for compliance with health care reform. When released earlier this year, the 2015 draft forms were not accompanied by instructions. 

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Question of the Week

Q.- We are thinking about contributing to our employees’ health flexible spending account plans. Does our contribution count toward their $2,550 limit? 

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Veterans Employment Reporting Due Now

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) encourages affirmative action to advance the employment of covered veterans. All nonexempt Federal contractors and subcontractors with a contract in the amount of $100,000 or more with any department or agency of the United States for the procurement of personal property or non-personal services must report their affirmative action efforts to employ veterans. 

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IRS Report on Health Care Reform

In a recent report to Congress, the IRS reviewed the first year of the individual mandate under health care reform.  

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Question of the Week

Q.- An employee is having her 15 year old niece watch her children this summer while she is at work. Can she be reimbursed from her Dependent Day Care FSA for what she pays her niece? 

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Guidance Issued on Independent Contractors

The Department of Labor issued an “Administrator’s Interpretation” informing employers that they must pay attention to the potential misclassification of employees as independent contractors under the Fair Labor Standards Act. 

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New Guidance on Cadillac Tax

The Internal Revenue Service issued Notice 2015-52 providing limited guidance on the “Cadillac Tax” under health care reform. The Affordable Care Act added a 40% excise tax on the value of health coverage that exceeds a set dollar limit. 

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