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There never seems to be a dull moment when it comes to the employment law landscape, especially in Oregon. As for the employee benefits world, it is not too far behind. Throughout the state and at the national level, companies seem to be constantly preparing and implementing change for the well-being of their businesses, as well as for their people. 2017 has been no different in that regard. In some ways, it feels like so much has changed in the employee benefits realm, but in other ways, as if nothing has changed at all. We still have a lot of questions yet to be answered, and there are a number of topics that employers should keep their eyes on as we approach 2018.

Health care

Are you tired of hearing about health care? Do you roll your eyes when you hear the words 鈥淎ffordable Care Act鈥� uttered in the news? This year has been quite the wild ride in the world of health care. After a number of false starts, close calls and efforts by Congress to 鈥渞epeal and replace鈥� the Affordable Care Act (ACA), it did not reach the finish line 鈥� at least not this year. While the future of health care reform in our country remains unclear, the important thing to remember is that the ACA is still the law of the land. This means not only that the employer mandate (鈥淧ay or Play鈥�) is still in play, but also that ACA reporting remains an obligation for applicable large employers. The good news is the 2017 IRS instructions for ACA reporting have not changed substantively, so if you reported last year, your experience will likely be similar this time around.

Wellness plans

Another area to be thinking about is wellness plans. For those companies sponsoring wellness programs, it may be a good time to take a closer look at plan design and administration to ensure that the program follows all current applicable rules and regulations. We are beginning to see more scrutiny from the Department of Labor (DOL) on employer-sponsored wellness programs, so there is no better time for a review.

Meanwhile, in a hot case out of the District of Columbia, a district court judge remanded a case back to the Equal Employment Opportunity Commission (EEOC) earlier this year for reconsideration of its most recent regulations under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Even though all current regulations are still in effect while the case is pending, this action signals that additional guidance regarding wellness plan voluntariness and incentives is on the horizon from the EEOC.

The EEOC filed a status report a few months ago indicating that it expects to unveil a proposed rule in 2018 and then issue a final rule in late 2019. That being said, the agency has also noted that the final version would likely not take effect until 2021. Even so, it is a great time to make sure that wellness plans are in compliance with current regulations. Be sure to reach out to counsel if a program is discovered to be in that legal gray area.

OregonSaves

OregonSaves, the state鈥檚 own retirement savings program, hit a milestone on Nov. 15, reaching its first registration deadline for employers employing 100 or more employees after implementing its pilot program earlier in the year. The program requires all Oregon companies, regardless of size, to either register if it does not already sponsor a retirement plan for its employees, or certify an exemption if it does. From now until 2020, the program is on rolling deadlines depending on company size, with employers employing 50 to 99 employees facing the next deadline on May 15, 2018.

Once it is time to register, depending on employer size, a company鈥檚 choice does not have to be set in stone. For example, an employer that opts out because it already offers a retirement plan to its employees may always opt back in to the program at any time if the situation changes. If employees participate in an existing employer-sponsored retirement plan, they may not also participate in the state鈥檚 program. That being said, the state has mentioned that it is considering how it may provide this option in the future. For those companies with employees in multiple states including Oregon, the company only has to facilitate the state鈥檚 program for those employees with income in Oregon.

For now, keep your eyes out for the notification that your company will receive from the state prior to the applicable deadline so that the company can make its pick on the program鈥檚 employer portal, at employer.oregonsaves.com.

Allison Jacobsen is an attorney with Barran Liebman LLP. She advises employers in all aspects of employee benefits. Contact her at 503-276-2197 or [email protected].