Almost ten months into the Trump Administration, the executive and legislative branches have been preoccupied with attempting to repeal and replace the Affordable Care Act (“ACA”) – but each attempt has thus far proved...more
11/1/2017
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Gender Identity ,
Health Care Providers ,
Health Insurance ,
Interactive Process ,
Non-Discrimination Rules ,
Restrictive Covenants ,
Section 1557 ,
Sexual Orientation Discrimination
On August 22, 2017, the U.S. District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission’s (“EEOC”) regulations defining what incentives an employer may use to promote participation...more
8/28/2017
/ AARP ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Information Reports ,
Medical Examinations ,
Wellness Programs
Employers in the health care industry are likely to face significant changes under President-elect Donald J. Trump’s administration and should expect a healthy dose of uncertainty for the next few months. During his campaign,...more
12/7/2016
/ Affordable Care Act ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
Hiring & Firing ,
Non-Discrimination Rules ,
OCR ,
Patient Privacy Rights ,
Trump Administration ,
Unions ,
Vaccinations
As our colleagues reported earlier this month, on May 18, 2016, the U.S. Department of Health and Human Services (“HHS”) issued a final rule titled “Nondiscrimination in Health Programs and Activities” (“Final Rule”)...more
Message from ERIC President and CEO Annette Guarisco Fildes:
Welcome to the Fall edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm of Epstein Becker &...more
Welcome to the new, rejuvenated version of the Benefits Litigation Update, which we bring you jointly with the law firm of Epstein Becker Green. Our goal is to provide a concise and, we hope, insightful glimpse into recent...more
7/27/2015
/ 401k ,
Affordable Care Act ,
Benefit Plan Sponsors ,
Dave & Buster's ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employer Mandates ,
Equitable Relief ,
Fiduciary Duty ,
Health Insurance ,
Preemption ,
Telehealth
On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more
4/20/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Covered Entities ,
Disability ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
PHI ,
Proposed Regulation ,
Screening Procedures ,
Wellness Programs
Perhaps never before have employers faced so many challenges when it comes to health care issues affecting their workforce. Congress may try to amend the Affordable Care Act (“ACA”). The Supreme Court of the United States is...more
2/26/2015
/ Affordable Care Act ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Flexible Spending Accounts ,
GINA ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Savings Accounts ,
Individual Mandate ,
Preexisting Conditions ,
SCOTUS ,
Tax Credits ,
Telehealth ,
Telemedicine ,
Wellness Programs
It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more
12/19/2013
/ Accessibility Rules ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Class Action Arbitration Waivers ,
Confidentiality Agreements ,
Contract Drafting ,
Department of Justice (DOJ) ,
Disability Access Claims ,
Disability Discrimination ,
Discrimination ,
Dispute Resolution ,
Employee Benefits ,
Employee Rights ,
Employer Group Health Plans ,
Employer Healthcare Costs ,
Employer Liability Issues ,
Exempt-Employees ,
Independent Contractors ,
Internet ,
Labor Disputes ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Exempt Employees ,
Payroll Taxes ,
Penalties ,
Reasonable Accommodation ,
Wage and Hour
In reaction to employers' concerns about the many difficulties posed in efforts to comply with the Employer Mandate provisions of the Affordable Care Act ("ACA"), the Obama administration ("Administration") announced late...more