There can be no denying the fact that the landscape of employee benefits is a challenging one at best. And for multi-state workforces, employee benefits challenges multiply exponentially. HR departments around the nation struggle with the unique issues surrounding multi-state employment.

Compliance is the Sticking Point

One of the main issues complicated by multi-state work is proper risk assessment and management of compliance issues. Employers hiring multi-state employees must comply with all federal laws and state laws in all the states in which they conduct business.

This is more easily said than done. Here are just a few areas where compliance can be an issue:

Should Vaping be Encouraged as a Smoking Cessation Tool?

A reader of last week’s blog post on vaping asked us if employers should actively promote e-cigarettes in their wellness programs as a smoking cessation tool. This is an excellent question. It’s admittedly tough to ascertain if e-cigarettes are going to be the next major health hazard or the most effective smoking cessation technique ever created. Unfortunately, there’s not a straightforward answer to this question, but we will attempt to answer it as best we can.

What is Vaping?

For the uninitiated, vaping is the act of inhaling atomized liquid, usually nicotine dissolved in propylene glycol plus flavoring and colors. The device used for this activity is called an e-cigarette; a battery-operated device, often shaped like a cigarette, which is designed to deliver nicotine in the form of an inhalable vapor rather than tobacco smoke.

E-cigarettes Remain a Dilemma for Employers

Electronic cigarettes, or vape pens, don’t contain tobacco and they don’t produce smoke, yet they do contain nicotine, and this has left insurers and employers in a quandary. Should “vapers”, as these people are commonly called, be categorized as smokers, and therefore be penalized with higher insurance rates?

The Categorization Quandary

Despite the growing popularity of vapers (they’ve gotten so popular that even icons like Leonardo DiCaprio are comfortable “vaping” in public), they present a somewhat troublesome gray area to insurance companies. This has left employers wondering if their employees who vape are considered smokers and if so, by whom.

Some businesses have weighed-in on the matter. According to the Wall Street Journal, Wal-Mart and UPS, for example, categorize vapers as smokers, and accordingly charge them higher insurance premiums. Cleveland Clinic, which refuses to hire smokers, similarly won't hire e-smokers, while CVS Caremark doesn't allow employees to use e-cigarettes at its corporate campuses. Starbucks bans e-cigarettes for employees and customers; and almost every state has enacted disparate legislation to regulate where e-cigarettes may and may not be used.

Form 1095 FAQs - ACA Reporting & Employee Benefits Compiance

If you are struggling with ACA reporting forms 1095 and 1094, you’re not alone. Form 1095 is the first new major tax form to be introduced in the U.S. in more than 70 years, making it a significant source of concern for many employers.

Rest assured, with the new deadline of March 31st, 2016 to distribute 1095 forms to your employees, you still have time, but you do need to get moving. And since the arrival of the forms in the mail may raise questions, we recommend that you proactively reach out to your workforce to help them understand what they'll be receiving.

SCOTUS Gay Marriage Decision: How Will It Impact Employee Benefits?  

How will the recent Supreme Court ruling legalizing same-sex marriage affect employee benefits? The short answer is that it will streamline the administration of benefits packages, but may complicate things in the near term as employers adapt to the new rules.

The Supreme Court, in a 5-4 ruling, has effectively made same-sex marriage the law of the land in all 50 states. While political and legal wrangling remains where this new right may conflict with religious belief, same-sex marrige have effectively become, in the eyes of the law, the same as what may consider "traditional marriage". Marriage Equality Now the Law of the Land

The decision is the culmination of a long struggle by gays and lesbians to gain the same marriage rights that heterosexual couples already enjoy. The legal battles that have consumed the courts and the political fights that have roiled state legislatures have effectively come to an end: marriage equality is the law of the land.

SCOTUS Decision Settles Subsidies. Now Let's Tackle Runaway Healthcare Costs. 

Well that was a close one! If anyone missed it, the Supreme Court of the United States last Friday held in favor of the defendants and found subsidies included in the Affordable Care Act (ACA) applied to all states and not just the ones that set-up state-run Exchanges.Did anyone really expect this 30,000+/- page body of work to fall, based upon the interpretation of just a few words?

Regardless of your feelings about this latest ruling, or the law in general, most folks agree that it is time to move on. The last four years have been action packed and filled with non-stop controversy regarding this law. In the end, another four years of confusion and uncertainty won't help the citizens of this country.

While there are many aspects of the law that make absolutely no sense and are terribly problematic, there are also many aspects that are great: guaranteed issue, no medical questions for enrollees, 100% coverage for preventative services and streamlined enrollment are all good things that have come from the law. Mandates, reporting and penalties are areas that will require years for individuals and employers to fully understand and fully comply at it is time to move on. The last four years have been action-packed and filled with non-stop controversy regarding this law. In the end, another four years of confusion and uncertainty won't help the citizens of this country. 

Employee Handbook Basics

Understanding the basic fundamentals of employee handbooks can help keep employees on track while also keeping companies out of hot water. In this blog post we set out to answer questions such as why employers should have an employee handbook, what it should include, and why legal reviews are so critical.

Why Have An Employee Handbook?

The purpose of an employee handbook is to have one resource everyone in the company can go to for an explanation of the company policies. The handbook should record information on what the employer expects from the employees and what employees can expect from the employer. It is an easy-to-understand reference written to provide employees with answers to basic questions such as leave policies and more.

Upcoming Live Webcast: Required ACA Reporting - Minimum Essential Coverage (MEC) and Applicable Large Employer (ALE)

Employers need to take notice of two upcoming reporting requirements of the Affordable Care Act (ACA), both of which go into effect in early 2016. The information gathering required to file these reports can be daunting, and penalties for non-compliance are $100 for each failure, up to $1.5 million. So join us for an updated discussion on required reporting for plan sponsors on forms under IRS Code Sections 6055 and 6056.