How to Handle Employee Absenteeism

While employee absences are a part of any workplace, unexcused or chronic absenteeism can quickly become problematic when employers fail to address it. This situation can lower employee morale as other team members must take on additional work, and the lack of staffing can lead to missed deadlines, poor work quality, and an inability to meet incentives or goals. As a result, employers must take concrete steps to Read More

U.S. Supreme Court Denies Cert in ERISA Class Action Suit Against Hilton

The U.S. Supreme Court has denied Hilton Hotels’ petition for certiorari seeking review of a decision by the U.S. Court of Appeals for the D.C. Circuit that reinstated retirement plan participants’ request for class certification in an Employment Retirement Income Security Act (ERISA) case. The case is Hilton Hotels Retirement Plan et al. v. Valerie White et al., case number 23-166, U.S. Supreme Court. A panel of Read More

Employers Must Pay Overtime Pay Under FLSA for Known Work Even if Employees Fail to Request It Specifically

The U.S. Court of Appeals for the Second Circuit recently ruled that an employer must compensate an employee for all work that it is aware that an employee performs, regardless of whether the employee requests overtime compensation. Although whether an employee reports overtime work may be relevant to whether an employer is aware that the employee has worked overtime, it does not diminish the responsibility to pay Read More

Sprint, Former Employees Urge Kansas Federal Court to Approve $3.5M Deal to Resolve Benefit Calculation Suit

Three former Sprint Communications employees asked a Kansas federal court to approve its multimillion-dollar proposed class action against Sprint, which the parties reached through mediation. According to the former employees, the settlement will permit them to end their suit without testing their novel legal theory while still increasing their pension benefits for life and the benefits for their Read More

5 Important ERISA Decisions Rounded Out 2023

Federal appellate courts issued various decisions involving the Employee Retirement Income Security Act (ERISA) in the latter half of 2023. Here are five important ERISA decisions that benefits attorneys should know. Cunningham et al. v. Cornell University et al., case number 21-88, U.S. Court of Appeals for the Second Circuit The U.S. Court of Appeals for the Second Circuit issued an opinion affirming the Read More

Law Firm Enlists Lockheed Martin Workers in Potential Suit to Challenge Health Care Costs

The New York City Law Firm Fairmark Partners is investigating filing a class action lawsuit against aerospace company Lockheed Martin regarding its handling of employee healthcare premium contributions. As a result, the law firm is soliciting feedback from current and former Lockheed Martin employees on the TopClassActions website. Fairmark cites dramatically increasing healthcare costs as the impetus for its Read More

Senate Advances New Bill Seeking PBM Reform

The Senate Finance Committee unanimously voted to advance the Better Mental Health Care, Lower-Cost Drugs and Extenders Act, a comprehensive bill seeking increased transparency and comprehensive PBM reform. The bill also would create a list of discounted drugs with high rebates available in Medicare Part D and address various other healthcare issues. Among the provisions in the bill are the following: The Read More

January 2024 | HBL Celebrates 2024 with 4000 Followers!

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11th Circuit to Consider Legality of Exclusion of Transgender Medical Care from Plan

A panel of the U.S. Court of Appeals for the 11th Circuit recently heard oral arguments in the appeal of an unlawful discrimination case involving a county health plan’s exclusion of coverage of gender transition surgery. The case is Anna Lange v. Houston County, Georgia, et al., case number 22-13626, U.S. Court of Appeals for the Eleventh Circuit. Houston County, Georgia, and its Sheriff, Cullen Talton, appealed Read More

Former FBI Agent Files Discrimination Claim Alleging Sexual Harassment and Hostile Work Environment

A former FBI agent has filed suit in an Indiana federal court claiming sexual harassment and a hostile work environment while working in the Indianapolis field office. The case is Rachwalski v. Garland et al., case number 1:23-cv-02138, U.S. District Court for the Southern District of Indiana. According to the suit, Alexis Rachwalski worked at the FBI's Indianapolis field office in January 2020. A supervisor made Read More