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In
Sargent v. Board of Trustees of the California
State University, the California Court of Appeal
highlighted an important distinction between Private Attorneys
General Act (PAGA) claims asserted against a public entity employer
based on statutes that themselves provide for civil penalties and
PAGA claims that are based on PAGA s default civil penalties
provisions under California Labor Code § 2699(f). Section
2699(f) provides for penalties of $100 for each aggrieved
employee per pay period for [an] initial violation and $200 for each aggrieved employee per pay period for each
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On April 27, 2021, Massachusetts Governor Charlie Baker
announced that between April 30 and August 1, 2021, the
Commonwealth will advance through the final stages of the COVID-19
reopening plan. Subject to public health and vaccination
data, restrictions on businesses and individuals will be eased
gradually until all restrictions are lifted on August 1,
2021.
On April 27, 2021, Massachusetts Governor Charlie Baker
announced significant updates to the Commonwealth s COVID-19
reopening status. The changes described below will occur in
stages on April 30, May 10, May 29, and August 1, 2021.
Effective April 30, 2021:
The outdoor face covering requirement – other than for
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This legal update has been revised from our April 7
publication to reflect the final amendments adopted by the
Washington State Legislature prior to final passage and presentment
to Governor Inslee for enactment. The most significant legislative
change is additional time for employees to opt out of the public
program.
Recent changes to Washington State law will require employees to
acquire long-term care insurance by November 1, 2021, to avoid
additional payroll taxes. This alert summarizes the current state
of the law resulting from final amendments adopted by the
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As discussed in our prior advisory, the American Rescue Plan Act
of 2021 (ARP) provides assistance eligible individuals temporary
premium assistance for COBRA continuation coverage and, where the
employer elects to offer the option, an opportunity to switch to a
different health plan option offered by the employer. The
Department of Labor (DOL) recently issued Model COBRA Notices and frequently asked questions (FAQs) to
assist employers and group health plans in implementing the new ARP
COBRA subsidy, which extends from April 1, 2021 through September
30, 2021.
What are the new ARP COBRA notice requirements?
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The Consolidated Appropriations Act ( CAA ) includes a
number of provisions enhancing transparency in the operation of
group health plans. One of those provisions will require
brokers and consultants to make fee disclosures to a responsible
plan fiduciary if the broker or consultant qualifies as a covered
service provider.
Background
In general, certain transactions between an employee benefit
plan and a party-in-interest, including a service provider, are
prohibited transactions under ERISA. However, ERISA Section
408(b)(2) provides that a contract between a plan and a service