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  • U.S. Supreme Court Will Rule on ACA’s Mandate for Free Preventive Care

    The U.S. Supreme Court has decided to review the constitutionality of a key component of the Affordable Care Act’s (ACA) preventive care mandate. This Legal Update summarizes this development.

    NashLegalUpdate
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  • Nash Blog: HR Brief Newsletter – April 2025

    This HR Brief Newsletter discusses an executive order directing federal agencies to improve health care price transparency. It also highlights employee benefits trends shaping 2025.

    HR Brief Newsletter - April 2025
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  • Question of the Week: Can We Have a Mandatory Retirement Age?

    Question of the Week
    APRIL 02, 2025
    QUESTION

    Can we have a mandatory retirement age?

    ANSWER

    With a few exceptions, no, you can’t have a mandatory retirement age. Forcing an employee age 40 or older to retire at a certain age would likely violate the Age Discrimination in Employment Act. You could, however, offer voluntary retirement plans or various post-retirement benefits for employees over a certain age as long as these programs are truly voluntary.

    Read more: Link

    This Q&A does not constitute legal advice and does not address state or local law.

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  • HR Brief Newsletter – March 2025

    This month’s HR Brief newsletter discusses legislation regarding Affordable Care Act (ACA) reporting requirements and key attraction and retention trends.

     

    HR Brief Newsletter - March 2025
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  • Key Takeaways From the Congressional Report on HSAs

    The Congressional Research Service (CRS) released its most recent report describing high deductible health plans and health savings accounts (HSAs). The report also provides an overview of HSA rules, qualifications and 2025 plan limits. This article summarizes the main findings of the CRS’ HSA report.

    Key Takeaways From the Congressional Report on HSAs
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  • Question of the Week: Can Employees Use Sick Time for a Mental Health Day?

    Question of the Week
    MARCH 12, 2025
    QUESTION

    Should we allow employees to use sick time for a “mental health day”?

    ANSWER

    We certainly recommend this, and, depending on the circumstances and the state you operate in, it may also be required by law. Stress, anxiety, and other mental health issues can be as disruptive to someone’s work (and life) as a cold or flu. While mental illnesses aren’t contagious, taking time to rest and restore one’s mental health is still important. It can prevent more serious issues in the future and help employees be more productive overall. Allowing—and better yet, encouraging—employees to take mental health days when needed supports their well-being, demonstrates that you care, and builds trust and loyalty. It also reduces the stigma around mental illness.

    This Q&A does not constitute legal advice and does not address state or local law.
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  • Question of the Week: Do We Have to Honor a Notice Period?

    Question:
    If an employee puts in their notice, can we let them go that day instead of keeping them for the full notice period?

    Answer: 

    Generally, yes, you can let an employee go that same day unless there is a contract or agreement to the contrary. While you aren’t required to retain an employee or provide compensation during a resignation notice period if the employee doesn’t work, there are some things you should consider before telling the employee you don’t want them to work through their notice period.

    First, if you ask the employee to leave before the end of the notice period and don’t pay them for that time, the applicable state’s unemployment insurance department may consider this an involuntary termination. If you’re concerned about that, you can pay the employee through the full notice period but tell them they don’t need to come in to work.

    Second, ending their employment early could discourage others from giving notice. Other employees may not see the point of providing notice since it appears you’re not using that time for skills transfer or project completion. That could become an issue if an employee quitting without notice leaves you unable to deliver on an important project or you’re unexpectedly left without anyone who can do certain necessary tasks.

    This Q&A does not constitute legal advice and does not address state or local law.

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  • Upcoming Webinar: 5 Common HR Challenges

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  • Question of the Week: What is At-Will Employment?

    Question of the Week
    FEBRUARY 19, 2025
    QUESTION

    What is at-will employment?

    ANSWER

    At-will employment means that the employer or the employee can end the employment relationship at any time, with or without notice, and with or without cause. It does not, however, allow an employer to terminate someone for an illegal reason, like their inclusion in a protected class or their exercise of a legal right.

    Every state (except Montana) assumes the employment relationship is at-will unless there is a legal agreement in place that says otherwise. Assuming you want to maintain the at-will relationship with employees, we recommend including clear language about this in your employee handbook.

    Read more: Link

    This Q&A does not constitute legal advice and does not address state or local law.

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  • Medicare Part D Disclosures due by March 1, 2025 for Calendar Year Plans

    Each year, employers whose health plans include prescription drug coverage must disclose to the Centers for Medicare & Medicaid Services (CMS) whether that coverage is creditable. Employers must complete an online disclosure with CMS within 60 days after the beginning of the plan year, or March 1, 2025, for calendar year plans. This Compliance Bulletin summarizes the Medicare Part D disclosure requirement with CMS.

    Medicare Part D Disclosures due by March 1, 2025 for Calendar Year Plans
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