Business Compliance

Compliance - It is the Law

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Employers must meet IRS and Department of Labor (DOL) regulations to avoid penalties for non-compliance. The requirements are based on the number of employees at the business.

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1-19 Employees:
ERISA
Annual ERISA & ACA Notices
Annual Medicare Part D Notice
Massachusetts Continuation (Mini-COBRA)
HIPPA (if FSA, HRA or self-insured medical plan and managed by 3rd party)
ACE Employer Reporting (self-insured)

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20-49 Employees: (Add-on)
COBRA (not Mini-Cobra)

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50-99 Employees: (Add-on)
Family Medical Leave Act (FMLA)
IRS Form 5500

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Non-Compliance can be Costly

Description of ERISA Violations Subject to Penalty~2018 Penalty Amount Form 5500. Failure to file ~ Up to $2,140 per day

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Form M-1. Failure to file by multiple employer welfare arrangement (MEWA) ~ Up to $1,558 per day

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Failure to furnish information requested by DOL under ERISA § 104(a)(6) ~ Up to $152 per day not to exceed $1,527 per request

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SBC. Failure to provide Summary of Benefits Coverage. Public Health Services Act section 2715(f), as incorporated into ERISA § 715 and 29 CFR 2590, 715-2715(e).  ~  Up to $1,128 per failure

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CHIP.   Employer failure to inform employees of CHIP coverage opportunities under ERISA § 701 (f)(3)(B)(i)(I)- each employee a separate violation ~Up to $114 per day

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GINA. Failure by any group health plan sponsor, or any health insurance issuer, to meet the requirements of ERISA §§ 702 (a)(1)(F), (b)(3), (c) or (d); or § 701; or § 702(b)(1) with respect to genetic information~$114 per day during non-compliance period

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GINA. Minimum penalty for de minimis violations of GINA (genetic information requirements) not corrected prior to notice from DOL.~$2,847 minimum

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GINA. Minimum penalty for non-de-minimis violations that are not corrected prior to notice from DOL.~ $17,084 minimum

GINA. Cap on unintentional failures to meet genetic information requirements ~$569,468 maximum

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Description of Non-ERISA Violations Subject to Penalty~2018 Penalty Amount FLSA.   Repeated or willful violations of overtime or minimum wage requirements. ~ Up to $1,964 per violation

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FMLA. Willful failure to post FMLA general notice. ~ Up to $169 per violation

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OSHA. Violation of posting requirements. ~  Up to $12,934 per violation

Section 125