New State Labor and Employment Laws Now in Effect

States have enacted various employment-related laws that took effect in 2026. These laws cover various topics such as gig worker and whistleblower protections, employment contracts, data privacy, and workplace and pay transparency. This post includes a survey of some of the more notable laws that are now in place but does not include all such laws. Likewise, this post specifically excludes laws concerning minimum Read More

Virginia Sues PBMs and Insulin Manufacturers Over Inflated Pricing Scheme

The Commonwealth of Virginia has filed suit against various pharmacy benefit managers (PBMs) and insulin manufacturers for allegedly violating the Virginia Consumer Protection Act. According to the lawsuit, the defendants, including Express Scripts, CVS Caremark, and OptumRx, as well as Sanofi-Aventis U.S. and Novo Nordisk, engaged in an insulin pricing scheme that artificially inflated insulin prices, deceiving Read More

Wage and Hour Division Issues FLSA Opinion Letters

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued various opinion letters construing the Fair Labor Standards Act (FLSA) in early January 2026. The letters address various issues under the FLSA, including the loss of exempt status after a pay change, the interplay between performance bonuses and overtime, and the provisions of collective bargaining agreements (CBAs).  Exempt Read More

Employers Facing ERISA Lawsuits Over Cost and Value of Voluntary Benefit Plans

Employers are increasingly facing lawsuits under the Employee Retirement Income Security Act (ERISA) for their voluntary benefit plans, which include products such as accident, critical illness, hospital indemnity, and cancer insurance. Since coverage is voluntary, employees pay most or all of the policy premiums, although employers deduct the premiums from their paychecks. Filed just before Christmas, the suits Read More

Major Legal Changes for Employers and Human Resources Departments in 2025

Employers and Human Resources (HR) departments have seen major changes in employment law throughout 2025. These rapid changes underscore the need for employers and HR professionals to stay ahead and adapt to them as swiftly as they develop.  Executive Orders President Donald Trump issued more than 200 executive orders (EOs) in 2025, which is more than any president in the last 50 years. Many of these EOs, which Read More

Republican Senator Accuses CVS CEO of Fraud, Regulatory Violations, and Inflated Health Care Costs

Sen. Marsha Blackburn (R-Tenn.), a member of the Senate Finance Committee, sent a letter to David Joyner, CEO of CVS Health, asking for answers on “the company’s lengthy record of fraud and regulatory violations” as well as the “role the company has played in driving up healthcare costs.” Blackburn accused CVS of increasing health insurance premiums, which, in turn, have increased federal government spending on Read More

DOL Proposes New Independent Contractor Rule Under FLSA

According to a White House Office of Management and Budget notice, the U.S. Department of Labor (DOL) has delivered its new independent contractor rule under the Fair Labor Standards Act (FLSA). DOL previously identified the regulation as one to revisit in August and September 2025, but the new regulation has only surfaced now. The White House has provided no further information as to when it might publish the new Read More

Senate Rejects Bills to Extend ACA Subsidies from Both Parties

The U.S. Senate has failed to bring to a vote two bills that would have extended subsidies under the Affordable Care Act (ACA) beyond the end of the year. Meanwhile, a coalition of 22 House Democrats and 15 House Republicans, led by Rep. Jennifer Kiggans, R-Va., has proposed the CommonGround for Affordable Health Care Act bill, which could at least temporarily extend subsidies if passed.  The Democrats introduced Read More

DOJ Eliminates Disparate Impact Discrimination Enforcement Under Title VI

The U.S. Department of Justice (DOJ) has issued a final rule that fundamentally changes existing civil rights enforcement under Title VI of the Civil Rights Act of 1964 by eliminating disparate-impact liability cases. The new rule states that DOJ will focus its enforcement efforts on intentional discrimination rather than on disparate impact. According to the DOJ, the enforcement shift complies with the original Read More

CVS Caremark Settles Claim of Over $5M for Underpaying Oklahoma Pharmacies

CVS Caremark has agreed to pay more than $5 million to settle claims by Oklahoma pharmacies that the pharmacy benefit manager (PBM) giant underpaid them for medications. The settlement is designed to reimburse pharmacies for over 68,000 prescriptions they filled between January 2024 and August 2025.  Oklahoma’s Attorney General filed the suit in January 2025, seeking censure, suspension, or revocation of CVS Read More