On July 21, 2023 the N.J. Department of Labor and Workforce Development (Department) issued long-awaited guidance regarding the Temporary Workers Bill of Rights Act. Certain provisions of the Act took effect on August 5,...more
8/9/2023
/ Comment Period ,
Employee Rights ,
Fees ,
New Legislation ,
Pay Equity Laws ,
Penalties ,
Proposed Regulation ,
Recordkeeping Requirements ,
Staffing Agencies ,
State Labor Laws ,
Temporary Employees ,
Wage Statements
On August 17, 2020 the U.S. District Court for the Eastern District of N.Y. preliminarily enjoined the U.S. Department of Health and Human Services (“HHS”) from enforcing provisions of its June 2020 final Section 1557...more
After the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision last December, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as a result of Congress’ elimination of...more
7/27/2020
/ Affordable Care Act ,
Appeals ,
California v Texas ,
Constitutional Challenges ,
Contraceptive Coverage Mandate ,
Department of Justice (DOJ) ,
Exemptions ,
Health Insurance ,
Individual Mandate ,
SCOTUS ,
Texas v US ,
Trump Administration
On May 21, 2020 the U.S. Department of Labor (“DOL”) issued a new rule creating a voluntary safe harbor for retirement plan administrators who prefer to provide ERISA-mandated retirement plan information and disclosures to...more
On December 18, 2019 the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision which the court revised on January 9, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as...more
1/22/2020
/ Affordable Care Act ,
Appeals ,
Benefit Plan Sponsors ,
Congressional Authority ,
Contraceptive Coverage Mandate ,
Department of Justice (DOJ) ,
Employer Group Health Plans ,
Exemptions ,
Governor Murphy ,
Health Insurance ,
Individual Mandate ,
IRS ,
Motion to Expedite ,
New Legislation ,
SCOTUS ,
Severability Doctrine ,
Unconstitutional Condition ,
Vacated
In a much-anticipated decision, on June 5 the U.S. Supreme Court held that a pension plan sponsored by a religious affiliated nonprofit hospital qualifies as an ERISA-exempt church plan even though the plan was not initially...more
In early July the IRS issued proposed regulations addressing the effect that employer payments to employees who waive employer-sponsored health coverage, known as Opt-Out Payments, have on determining whether an ACA-covered...more
On March 31, 2014 the U.S. District Court in New Jersey held that a defined benefit pension plan established by St. Peter’s Healthcare System was not a church plan exempt under ERISA despite the fact that St. Peter’s is...more
The Affordable Care Act’s (“ACA”) mandates regarding health care plans, including the individual mandate, take effect with no change in schedule, despite the recent U.S. Treasury Department’s decision to postpone employer...more
Last month a NJ Appellate Division panel held in three consolidated appeals that a NJ hospital’s state law claims that a health care plan must pay full price for medical services the hospital provided to plan participants are...more
The Supreme Court’s April decision in U.S. Airways, Inc. v. McCutchen resolves a circuit split on the issue of a medical plan’s right to reimbursement of medical expenses from a plan participant who recovers on a personal...more