Legislative updates

“Grandfathered” health plan rules published

The U.S. Departments of Health and Human Services (HHS), Labor and Treasury have issued interim final rules (published in the June 17, 2010, Federal Register) to clarify the changes that employers can make to their health care plans and still maintain "grandfathered" status under the health care reform law enacted on March 23, 2010. In addition, HHS issued a fact sheet on the new regulation.

DOL: Changing protective gear is compensable

In the second of its “administrative interpretations” DOL said protective gear does not count as "clothes" under §203(o) of the Fair Labor Standards Act. Section 203(o) excuses employers from having to pay employees for time spent changing "clothes" if it is excluded by custom or practice under a collective bargaining agreement. This rejects Wage and Hour opinion letters from the George W. Bush administration.