5 new regs for 2015 you’re going to need to watch

If we had to sum up what federal agencies such as the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) had planned for next year in just two words, it would be this: New regulations.  

At the Fall 2014 Regulatory Agenda meeting, federal agencies like the DOL and EEOC gave some insight into their progress on the more than 75 rules and regulatory proposals in their queue.

Here are the proposed deadlines of regs that will impact HR pros the most next year:

DOL action items

  1. Changes to the DOL’s overtime rule under the Fair Labor Standard Act (FLSA) by February 2015. Specifically, the DOL will address the FLSA’s “white-collar” exemption, where workers who are paid a minimum salary of $455 per week — and are classified as executive, administrative or professional employees — are not entitled to overtime pay.
  2. New definition of “fiduciary” by the DOL’s Employee Benefits Security Administration’s (EBSAs) by January 2015. The DOL has long been promising a revised definition of fiduciary under the Employee Retirement Income Security Act (ERISA), which would essentially expand the term and significantly impact many aspects of retirement plans.
  3. A final rule revising the definition of “spouse” in the Family and Medical Leave Act (FMLA) to reflect the Supreme Court’s Defense of Marriage Act (DOMA) ruling. The DOL didn’t give a concrete date for this change; it just said it would happen in 2015. On top of expanding who’s entitled to FMLA leave.

HHS, DOL & Treasury’s Obamacare agenda

  1. Final regs on the minimum value of employer sponsored health coverage — for purposes of premium tax credit eligibility — within the next two months. Like all Affordable Care Act guidance, the Treasury will work with United States Department of Health and Human Services (HHS) and the DOL to provide this info. Problems with the feds’ minimum value calculator led to a delay regarding Obamacare penalties and skinny plans.

EEOC’s wellness promise

5. EEOC guidance on wellness plans by February 2015. Following the heavy criticism it received for not issuing guidance but continuing to sue employers for their “involuntary” wellness programs, the EEOC announced it will be issuing proposed regs on the impact the Americans with Disabilities Act (ADA) has on employers’ wellness programs.

Recommended Posts