A U.S. Court of Appeals for the Fifth Circuit panel appeared skeptical during oral arguments in which conservative states and Texas-based energy interests sought to reverse a district judge’s order upholding an environmental, governance, and social (ESG) rule in an Administrative Procedure Act (APA) case. The states also have asked the Fifth Circuit to remand the case and vacate the U.S. Department of Labor (DOL) Read More
Jury Must Decide Factual Disputes in FMLA Violation Case
The U.S. Court of Appeals for the Sixth Circuit recently ruled that whether an employee failed to follow her employer’s procedures for requesting leave was due to “unusual circumstances” was a factual matter for the jury to decide. That factual question would determine whether the employee could sue the employer for violating the Family and Medical Leave Act (FMLA). The case is Crispell v. FCA, No. 23-1114 (June 18, Read More
How the Demise of Chevron Will Impact Health Care and Benefits
On June 28, 2024, the U.S. Supreme Court issued a landmark decision in the case of Loper Bright Enterprises v. Raimondo, 2024 WL 3208360 (U.S. 2024), which overturned its 1984 decision in Chevron USA Inc. v. National Resource Defense Council, 467 U.S. 387 (1984). In its decision, the high Court abandoned the so-called “Chevron Doctrine,” its 40-year-old precedent that required courts to defer to federal agencies’ Read More
Federal Courts Reject Nationwide Injunction for New Overtime Rule
Although the U.S. District Court for the Eastern District of Texas has blocked the U.S. Department of Labor’s (DOL) new overtime rule for Texas state employees, the initial salary threshold increases under the new rule went into full force and effect for the rest of the United States on July 1, 2024. The overtime rule raises the minimum salary threshold for employees classified as “exempt” under the Fair Labor Read More
August 2024 | Lawyer of the Year and a Taste of Atlanta
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Hall Benefits Law ERISA Partners Ranked by Best Lawyers in America® 2025 Edition
ATLANTA, Aug. 28, 2024 /PRNewswire/ -- National boutique ERISA and executive compensation law firm Hall Benefits Law (HBL), a 2024 Best Law Firms® recipient, celebrated the inclusion of two Partners in The Best Lawyers in America® 2025 rankings. HBL Managing Partner Anne Tyler Hall was included in the 2025 edition of The Best Lawyers in America® for Employee Benefits (ERISA) Law, and HBL Partner Grant P.H. Read More
U.S. Supreme Court to Review Tennessee State Ban on Gender-Affirming Care
The U.S. Supreme Court has agreed to review a decision of the U.S. Court of Appeals for the Sixth Circuit that upheld a Tennessee state law banning gender-affirming care for minors and overturned a lower court injunction that had prevented the law from going into effect. The Sixth Circuit decision also addressed a similar ban under Kentucky law, but the high Court did not accept a petition to review the Kentucky law. Read More
Fifth Circuit Rules ACA Preventive Mandate Remains in Effect Nationwide – Except as to Plaintiffs
The U.S. Court of Appeals for the Fifth Circuit has ruled in favor of Christian-owned businesses and individuals who sued over the Affordable Care Act (ACA) preventive care mandates. The appellate Court agreed with the district court that the federal task force that recommended mandated preventive care services was unconstitutional. However, the Fifth Circuit lifted the district court’s nationwide injunction Read More
U.S. Supreme Court Overturns Chevron Test
The U.S. Supreme Court overturned a 40-year-old precedent in striking down the so-called “Chevron” test, which instructed courts when they should defer to federal agencies’ interpretations of law in rulemaking. In its 6-3 ruling, the Supreme Court discarded the analysis first adopted in its 1984 decision in Chevron v. Natural Resources Defense Council, holding that the test improperly elevated the executive branch’s Read More
IRS Issues Notice 2024-55 – Certain Exceptions to the 10 Percent Additional Tax Under Code Section 72(t)
The Internal Revenue Service (IRS) recently issued Notice 2024-55, which concerns exceptions to the 10% additional tax under section 72(t) of the Internal Revenue Code (the Code). These exceptions include emergency personal expenses and domestic abuse victim distributions from qualified retirement plans. Section 72(t)(1) imposes an additional 10% tax on a distribution from qualified retirement plans unless the Read More
