The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) has reached a settlement with a medical provider concerning a Health Insurance Portability and Accountability Act (HIPAA) violation. The violation at issue, which resulted in a fine of more than $35,000, involved improper disclosure of protected health information (PHI). OCR initiated an investigation after a patient Read More
GardaWorld Moves to Dismiss Suit Over Health Insurance Plan Surcharges for Tobacco Users and Vaccine Refusals
GardaWorld, a security company, has moved to dismiss a proposed class action lawsuit over monthly surcharges in its health insurance plan for participants who use tobacco or refuse COVID-19 vaccines. In its motion, GardaWorld argues that the surcharges comply with the Employee Retirement Income Security Act (ERISA). The case is Artis et al. v. GardaWorld Cash Service Inc., case number 3:24-cv-00837, U.S. District Read More
Employers Should Prepare for Immigration Raids
The incoming Trump administration has declared that it intends to conduct the largest mass deportation in U.S. history. As a result, employers, particularly in those industries with an unskilled workforce, should prepare for increased government immigration enforcement in their workplaces. Affected industries may include the agricultural, construction, food processing, hospitality, and manufacturing industries. These Read More
GAO Reports Limited Federal Control Over Crypto Assets in 401(k) Plans
The U.S. Government Accountability Office (GAO) recently released a report on crypto assets in 401(k) plans. The GAO found that the lack of federal oversight and data collected on these assets could leave workers solely responsible for monitoring their crypto investments. According to the GAO, the U.S. Department of Labor (DOL) has limited data concerning crypto assets in 401(k) plans. However, the GAO’s Read More
Incivility Skyrockets at Huge Costs to Employers
The SHRM Civility Index shows incivility levels at record highs for 2024’s fourth quarter, scoring 40.9 out of 100 on workplace incivility and 49.7 on society incivility. Over three-quarters of U.S. workers stated that they had experienced or witnessed incivility over the past month. Along with those acts of incivility, the costs of incivility also rose for employers. The Civility Index shows that, collectively, Read More
Appellate Courts Heard Arguments in Three Benefits Cases in December
Benefits attorneys should be mindful of three appellate arguments that were scheduled for December 2024. U.S. Supreme Court to Hear Arguments in Tennessee Gender-Affirming Care for Minors Case In United States v. Skrmetti et al., case number 23-477, the Supreme Court will consider whether the 14th Amendment’s equal protection clause applies to access to gender-affirming care for minors in Tennessee. The federal Read More
USCIS Issues Final Rule Permanently Extending Work Permit Renewal
U.S. Citizenship and Immigration Services (USCIS) has published a final rule that permanently increases the automatic extension period for certain immigrants’ employment authorization documents (EADs). The rule, which takes effect on January 13, 2025, automatically extends the EAD renewal period from 180 to 540 days. According to USCIS, the increased extension period will help ensure that individuals do not Read More
Kimberly-Clark Settles 401(k) Excessive Fee Case for $2.25M
Kimberly-Clark has reached a $2.25 million settlement with participants and beneficiaries of the company’s 401(k) plan in an ERISA suit involving excessive fees. Two former Kimberly-Clark employees, the named class members in the suit, asked a Texas federal court to preliminarily approve the settlement agreement to end the case, which has been pending for three years. The case is Seidner et al. v. Kimberly-Clark Read More
5th Circuit Rules that NLRB Erred in Ordering Musk to Delete Anti-Union Tweet
The U.S. Court of Appeals for the Fifth Circuit has vacated a National Labor Relations Board (NLRB) decision that forced Elon Musk to delete a 2018 anti-union tweet. The NLRB found that Musk’s tweet, which focused on the potentially negative consequences of Tesla workers unionizing, was an unlawful threat under Section 8(c) of the National Labor Relations Act (NLRA). A three-judge panel of the Fifth Circuit upheld Read More
Muldrow v. St. Louis: Applying the ‘Some Harm’ Standard in Title VII Discrimination Cases
In Muldrow v. St. Louis, the U.S. Supreme Court ruled that a transferred employee must prove “some harm” regarding an identifiable term or condition of employment to maintain a discrimination claim under Title VII. This standard of proof is different and lower than some circuit courts of appeal have required in the past. Therefore, Muldrow will significantly influence future discrimination cases under Title VII in Read More
