The IRS released the updated affordability contribution percentage for 2023 under the ACA’s pay or play rules. The updated percentage is the most substantial decrease since these rules were implemented, and is the lowest this percentage has ever been set. As a result, many employers may have to substantially lower the amount that they require employees to contribute for 2023.

The IRS released the adjusted pay or play penalty amounts for 2023 under the Affordable Care Act. For calendar year 2023, the adjusted $2,000 penalty amount is $2,880 and the adjusted $3,000 penalty amount is $4,320.

Philadelphia has passed an ordinance requiring covered employers to provide covered employees a mass transit and bicycle commuter benefit program, effective Dec. 31, 2022.

In the wake of the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services (HHS) issued new guidance regarding HIPAA’s privacy protections for reproductive health care. The guidance focuses on health care providers’ obligation under the HIPAA Privacy Rule to safeguard the privacy of protected health information (PHI) related to reproductive health care, including abortions

Pennsylvania amended its minimum wage regulations to update the tipped employee exemption and employer requirements for tip pooling. An additional amendment to the state’s overtime laws also clarifies that the regular wage rate for nonexempt salaried employees is the amount of remuneration divided by 40 hours. The amendments will become effective on Aug. 5, 2022.

Employees who work 40 or more hours weekly must be given 40 hours' leave. Other workers receive an amount equal to their average scheduled or actual work hours over a seven-day period (whichever is greater). Employer policies that provide an equal amount of additional paid time specifically for COVID-19, or 120 hours of paid time off that can be used for the COVID-19 reasons allowed by the COVID-19 leave law, will satisfy the requirement. Special rules apply for teleworking employees.

On Feb. 23, 2022, the U.S. District Court for the Eastern District of Texas ruled to strike down part of an interim final rule related to the federal independent dispute resolution (IDR) process under the No Surprises Act (NSA), which was enacted as part of the Consolidated Appropriations Act, 2021 (CAA).

On March 14, 2022, the Equal Employment Opportunity Commission (EEOC) issued a new set of frequently asked questions and answers (FAQs) related to the COVID-19 pandemic. The new FAQs discuss how certain employment actions based on an employee’s need to protect or care for another person may violate federal fair employment laws enforced by the EEOC.

In February 2022, the Departments of Labor (DOL), Health and Human Services (HHS) and the Treasury (Departments) issued FAQs to provide more guidance on the Federal Independent Dispute Resolution (IDR) Process under the No Surprises Act (NSA), enacted as part of the Consolidated Appropriations Act, 2021 (CAA).

Health care costs continue to rise each year, and 2022 will be no exception. With these increases in mind, employers will want to strategize methods to rein in benefits spending.

On Jan. 25, 2022, OSHA provided notice that it is withdrawing its COVID-19 vaccination and weekly testing emergency temporary standard (ETS). The withdrawal will be effective once the notice is published in the Federal Register.