According to a 2023 Accenture report, in conjunction with Disability:IN and the American Association of People with Disabilities, organizations implementing disability-inclusive policies and practices often have better financial performance than similar organizations. Examples of disability-inclusive practices include using videos with captions and seeking regular input on improvements from employees with Read More
Federal Court Approves $1 Million Settlement in Class Action Involving Threatening and Misleading COBRA Notice
A federal court has preliminarily approved a $1 million settlement in a class action lawsuit between a large company and its former employees over allegations that its COBRA notice was threatening and misleading. The case is Blessinger v. Wells Fargo & Co., 2023 WL 8432223 (M.D. Fla. 2023). The former employees filed a class action lawsuit against the employer, claiming that in its COBRA notice, the employer Read More
U.S. Supreme Court Vacates Decisions on Biden’s Vaccine Requirements for Federal Employees as Moot
The U.S. Supreme Court has set aside court decisions from the Fifth, Sixth, and D.C. Circuits challenging vaccine requirements for federal employees. The high Court agreed with the Biden administration that the issue was now moot, as President Biden had already rescinded the executive order mandating COVID-19 vaccines for federal employees. The administration rescinded the executive order in May 2023 due to the Read More
DOL Proposes Rescission of 2018 Regulations Affecting Association Health Plans
The U.S. Department of Labor (DOL)’s Employee Benefits Security Administration (EBSA) has issued a Notice of Proposed Rulemaking that would rescind a 2018 DOL rule entitled “Definition of Employee – Association Health Plans,” or the 2018 AHP Rule. The purpose of the rule was to expand the availability of AHPs. Before the 2018 AHP rule, a multiple employer welfare arrangement (MEWA) typically constituted a single Read More
Eleventh Circuit Adopts Strict “But For” Standard in FMLA Retaliation Claims
The U.S. Court of Appeals for the Eleventh Circuit has ruled that the strict “but for” legal standard applies retaliation claims under the Family and Medical and Leave Act (FMLA). The case is Lapham v. Walgreen Co., No. 21-10491 (11th Cir. 2023). In Lapham, an employee took intermittent FMLA leave to care for her disabled son. After her employer terminated her, she sued and, in one of her claims, alleged that the Read More
Federal Agencies Issue Final Rules on Federal IDR Process Administrative Fee and Certified Entity IDR Fee Ranges
The Internal Revenue Service, Employee Benefits Security Administration, and the Centers for Medicare & Medicaid Services (collectively, “the Departments”) recently issued final rules concerning fees established by the No Surprises Act for the federal Independent Dispute Resolution (IDR) process. The Departments issued these rules through a notice and comment rulemaking process after a federal court overturned Read More
Nurse Wins $41M Jury Verdict Against Kaiser Permanente in Discrimination and Wrongful Termination Lawsuit
A jury has ordered Kaiser Permanente, a California health care provider, to pay a former charge nurse more than $41 million in damages for her age and disability discrimination, harassment, whistleblower, retaliation, and wrongful termination lawsuit. The verdict consists of $11.49 million in compensatory damages, including $9 million for emotional distress and $30 million in punitive damages. Kaiser intends to Read More
2023 Federal Benefits Policy Developments
In 2023, various federal government agencies, including the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS), unveiled four significant rules concerning employee benefits. DOL’s Proposed Fiduciary Rule In late October, the Employee Benefits Security Administration (EBSA) issued a proposed rule that would change the definition of an investment advice fiduciary under the Read More
Strikes, NLRB Decisions Dominate Labor Relations in 2023
During the 2023 federal fiscal year, the National Labor Relations Board (NLRB) received a three percent increase in union petitions over the previous fiscal year and a ten percent increase in unfair labor practices. As a result, various labor strikes and NLRB decisions significantly affected labor relations throughout the year, as shown by the following events. Big Labor Strikes Major Deals, Focuses on Union Read More
HHS’ Office for Civil Rights Reaches Settlement of First Phishing Cyberattack Under HIPAA
The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services has announced its first settlement of a HIPAA case involving a phishing cyberattack. In May 2021, Lafourche Medical Group, LLC, filed a HIPAA breach notification with OCR stating that a hacker had obtained electronic patient health information (ePHI) via a phishing cyberattack. OCR's press release states, "Phishing is a type of Read More
