The U.S. Court of Appeals for the Eleventh Circuit affirmed the lower Court's grant of summary of judgment in favor of a radiology practice in a lawsuit brought by a former doctor at the practice. Jason Browning alleged that he was fired after requesting medical leave under the Family and Medical Leave Act (FMLA). However, the Eleventh Circuit ruled that the district court did not err when it failed to allow the Read More
Court Rejects Health Care Provider Attempts to Enforce IDR Awards Against Insurer Under No Surprises Act
A federal district court has rejected a bid by healthcare providers to enforce independent dispute resolution (IDR) awards against an insurer under the No Surprises Act (NSA). The case is Guardian Flight LLC v. Health Care Serv. Corp., 2024 WL 2786913 (N.D. Tex. 2024). Guardian Flight LLC, an air ambulance service provider, sued an insurer after it refused to pay a certified IDR entity’s award for disputed Read More
EEOC Argues Against Dismissal of Title VII Sexual Harassment Suit Involving Trans Worker
The U.S. Equal Opportunity Commission (EEOC) has filed a response to an Illinois hog farm’s motion to dismiss its Title VII sexual harassment suit on behalf of a transgender former employee. The EEOC filed suit against Sis-Bro in Illinois federal court in March. The company’s president insisted on calling the unidentified former employee by her former name and criticized her for seeking gender-affirming care when Read More
District Court Dismisses 401(k) Forfeited Funds Suit Against HP
A California federal district court judge has dismissed a novel proposed class action suit against HP involving the company’s alleged misuse of 401(k) funds forfeited by former workers. The judge reasoned that nothing in federal benefits law compelled HP to use the funds for plan expenses rather than to reduce its employer contributions. The case is Hutchins v. HP Inc. et al., case number 5:23-cv-05875, U.S. District Read More
U.S. Supreme Court to Consider Whether ADA Applies to Post-Employment Benefits
The U.S. Supreme Court has granted the certiorari petition of a retired Florida firefighter, who has asked the high Court to consider whether the anti-discrimination provisions of the Americans with Disabilities Act (ADA) apply to post-employment benefits for retirees. Karyn Stanley is challenging a decision of the U.S. Court of Appeals for the Eleventh Circuit, which dismissed her discrimination suit against the Read More
Pharmacy Industry Groups Ask Supreme Court to Overturn OK PBM Ruling
Five pharmacy industry groups have filed an amicus brief supporting the Oklahoma insurance commissioner’s petition for a writ of certiorari to the U.S. Supreme Court concerning a recent Tenth Circuit decision. That ruling partially invalidated a state law regulating pharmacy benefit managers (PBMs). The case is Glen Mulready et al. v. Pharmaceutical Care Management Association, case number 23-1213, U.S. Supreme Read More
Impending Court Decisions on FTC Noncompete Rule Should Guide Employers
The Federal Trade Commission’s (FTC) final rule that makes most noncompete agreements unenforceable, with a few exceptions, has been the target of significant litigation in recent months. The prohibition on noncompetes is inapplicable to certain industries, such as airlines, financial services, and non-profits, and to existing agreements with "senior executives." The final rule defines senior executives as people Read More
Multi-Employer Plan Sponsor Settles 401(k) Fee Suit
Former plan participants in the Credit Union Retirement Plan Association (CURPA) multi-employer 401(k) plan have reached a deal to settle an ERISA suit over excessive fees. The case is Lucero, Brenda et al. v. Credit Union Retirement Plan Association et al., case number 3:22-cv-00208, U.S. District Court for the Western District of Wisconsin. CURPA, a Wisconsin-based professional employer organization, provides Read More
Marijuana Legalization Leads U.S. Workers to Increasingly Test Positive and Cheat on Employer Drug Screens
According to Quest Diagnostics, one of the nation’s leading drug-testing laboratories, positive marijuana tests among the U.S. workforce increased to 4.5% in 2023. The percentage of positive tests was 4.3% in 2022 and 3.1% in 2019. In 2023, Quest conducted about 8.4 million urine drug tests for employers, plus 1.3 million oral fluid tests and 73,000 hair tests. Meanwhile, the overall percentage of workers testing Read More
Four 2024 ERISA Decisions that Benefits Attorneys Should Know
Novel ERISA Suit Challenging Employer’s Use of Forfeited 401(k) Funds Moves Forward In the first suit of its kind, a California federal district court judge refused to dismiss a suit against Qualcomm Inc. by retired workers, who alleged that the company had misspent forfeited 401(k) funds obtained when workers left the company before the employer match to their 401(k) plan had fully vested. The former workers Read More
