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write a paper discussing the legal and regulatory influences that impact employee benefits. Be sure to address the influences of the NLRA, IRC, FLSA, ERISA, COBRA, HIPAA, PPA, PPACA/ACA, and the SECURE Act. For this individual draft, each student will individually address each of these influences.
Grading criteria: Papers need to address the key points for each of the laws listed below. The rubric with the point breakdown follows the list of criteria.
1. The National Labor Relations Act of 1935 (NLRA) as amended. Employers must bargain to impasse over mandatory subjects (e.g., retirement plans, health insurance, disability insurance/pay, PTO) and may bargain over permissive subjects (e.g., administration of funds for benefits programs, retiree benefits).
2. The Internal Revenue Code (IRC). Multiple regulations for mandatory and discretionary benefits (e.g., FICA, OASDI, FUTA), incentives for discretionary benefits (i.e., tax deductions).
3. The Fair Labor Standards Act of 1938 (FLSA). Employee benefits linked to pay, increase correspondingly during those overtime hours
4. The Employee Retirement Income Security Act of 1974 (ERISA). Regulates the establishment and implementation of pension (i.e., retirement) and welfare plans (e.g., all health insurance, ADD, LTD, STD, unemployment, vacation, etc.).
5. Consolidated Omnibus Reconciliation Act of 1985 (COBRA). Mandates that former employees and qualified beneficiaries have the opportunity to continue health care coverage for a period of time by paying up to 102% of the cost (premium plus 2% admin fee).
6. Health Insurance Portability and Accountability Act of 1996 (HIPAA). Limits use of preexisting conditions and protects privacy.
7. The Pension Protection Act of 2006 (PPA). Permits an employer to automatically enroll employees in its defined contribution retirement plan and deduct a small amount of pay into an employee’s account
8. The Patient Protection and Affordable Care Act of 2010 (PPACA or ACA). Mandates employers provide affordable health care coverage and sets minimum standards for health care plans
9. Setting Every Community Up for Retirement Enhancement (SECURE Act) of 2020. Created expanded provisions regarding employer-sponsored retirement plans. The Act granted mandatory access to defined contribution plans for long-term part-time employees (workers who for the last three years worked between 500 and 999 hours and meet any age requirements).
10. EEO laws (e.g., Title VII, ADEA, PDA, ADA). Prohibit discrimination in benefits.
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