News & Analysis as of

Employee Benefits Enforcement

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maine DOL Issues Proposed Rules for Paid Family and Medical Leave Program

The Maine Department of Labor published proposed rules for Maine’s new Paid Family and Medical Leave (PFML) Program on May 20, 2024, providing initial clarification for employers regarding covered employees, contribution...more

Foley & Lardner LLP

Don’t You Forget About Me: Terminating Employees and Benefits to Think About

Foley & Lardner LLP on

No matter the size of your organization, at some point in time employees leave. As we noted previously, it behooves human resources and other departments to provide departing employees with an exit letter that includes...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

McDermott Will & Emery

New MHPAEA Guidance Regarding NQTLs: Network Access and Composition

McDermott Will & Emery on

Recently proposed regulations attempt to ensure that health plans allow access to mental health or substance use disorder (MH/SUD) benefits as easily as medical or surgical (M/S) benefits. The proposed regulations, issued by...more

Bass, Berry & Sims PLC

New Proposed Mental Health Parity Rules Amid Report of Widespread Failure

Bass, Berry & Sims PLC on

On July 25, the Department of Labor, Department of the Treasury, and Department of Health and Human Services (the Departments) released new Proposed Rules (Proposed Rules) that clarify certain requirements imposed by the...more

McDermott+

Biden Administration Issues Proposed Reg to Clarify and Enforce Mental Health Parity Requirements

McDermott+ on

Another week, a lot more regs! Last week, the US Departments of Health and Human Services, Treasury and Labor (the Departments) released a proposed reg related to mental health parity requirements for health plans. This week,...more

Proskauer Rose LLP

Individual Arbitration of ERISA Breach of Fiduciary Duty Claims – Is it Possible and, if So, Is It Worth It?

Proskauer Rose LLP on

As plan sponsors and fiduciaries cope with the increased volume of class action Employee Retirement Income Security Act (ERISA) lawsuits, some have considered the prospects of reducing their exposure through arbitration...more

Dechert LLP

Criminal guilty plea in nurse staffing case shows labor market antitrust concerns are not going away

Dechert LLP on

Over the past several years, U.S. antitrust agencies have renewed enforcement focus on labor issues, including agreements involving employee hiring and compensation. These include agreements by horizontal competitors to set...more

King & Spalding

Recent Proliferation of Pay Disclosure Laws in the United States Presents Opportunities and New Considerations for Employers

King & Spalding on

Within the past five years, a growing number of states and localities have enacted pay disclosure laws requiring employers to disclose pay rates or salary ranges during the hiring process. To date, California, Colorado,...more

Verrill

DOL Signals Heightened Enforcement of Non-Quantitative Treatment Limitation Requirements

Verrill on

Introduction. When the U.S. Department of Labor issued its biennial 2022 Mental Health Parity and Addiction Equity Act (“MHPAEA”) Report to Congress earlier this year, it outlined significant noncompliance by health plans....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2021 #3

Congressional Update: Debt Limit Crisis and Reconciliation Plans. Both the U.S. Senate and U.S. House of Representatives were officially out this week, but the U.S. Congress still made some news....more

Partridge Snow & Hahn LLP

Rhode Island's New Pay Equity Law Changes How Employers Must Compensate Their Workforce

On July 6, 2021, Rhode Island Governor Daniel McKee signed Pay Equity legislation (the “Act”) (H 5261A, S 0270A) into law. The Act is a broad piece of legislation that applies to all employers. While the Act does not go into...more

Pillsbury Winthrop Shaw Pittman LLP

California Releases New Reopening Guidance for Employers

Employers looking to reopen or continue in-person operations should be aware of the new Employer Playbook and FAQs issued by the California Department of Public Health. California has issued industry-specific guidance,...more

Proskauer - Employee Benefits & Executive...

Third Circuit Upholds Health Plan’s Anti-Assignment Clause

The Third Circuit recently held that anti-assignment clauses in ERISA-governed healthcare plans are enforceable as long as they are unambiguous. The Court concluded that the anti-assignment clause clearly stated that...more

Foster Garvey PC

Seattle Delays I-124 Medical Requirements

Foster Garvey PC on

Pending the results of a lawsuit challenging the medical requirements under the Hotel Employees Health and Safety Initiative (“I-124”), the City of Seattle has agreed to delay enforcement of Part 3 of that law. Part 3...more

Verrill

Near Unity Among the Circuits: Anti-Assignment Provisions are Enforceable

Verrill on

U.S. Courts of Appeals in all but four Circuits have now held that anti-assignment provisions in health insurance plans governed by ERISA are enforceable. In American Orthopaedic & Sports Medicine v. Independence Blue Cross...more

Pullman & Comley - Labor, Employment and...

The Electrician Is An Independent Contractor; The Uber Driver Isn’t

When I talk to businesspeople about the legal differences between employees and independent contractors, I often offer the electrician who comes to the office to fix a wiring problem as the paradigmatic independent...more

BakerHostetler

OIG Revamps Regulations Concerning CMPs and Exclusion

BakerHostetler on

In a pair of proposed rules published in May, the HHS OIG unveiled changes to the regulations concerning OIG’s authority to impose civil monetary penalties (CMPs) and exclude individuals and entities from participation in...more

Littler

Mexico: It's the Law! Mexico Employers Must Implement Training Programs for Employees or Risk Steep Fines

Littler on

On June 14, 2013, Mexico's Department of Labor and Social Welfare ("STPS") published final rules outlining an employer's obligation to develop and implement detailed employee training programs that will foster productivity....more

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