The U.S. Department of Labor's (DOL) Employee Benefits Security Administration issued a letter rejecting a request for delays in the rulemaking process concerning the expansion of the definition of "fiduciary" under the Employee Retirement Income Security Act (ERISA). The Securities Industry and Financial Markets Association (SIFMA), American Retirement Association (ARA), and various other financial groups previously Read More
Weis Markets Faces Lawsuit for Allegedly Misusing EAP Benefit
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Weis Markets, a Pennsylvania supermarket chain. In the lawsuit, the EEOC alleges that a supervisor subjected an employee to sexual harassment, and the employer fired her after she refused to comply with its unlawful directive to participate in the company employee assistance program (EAP). The employee reportedly reported her Read More
Health Care Stakeholders Support Passage of The Value in Health Care Act
Seventeen healthcare stakeholder groups have come together to support The Value in Health Care Act, a bill that a bipartisan coalition reintroduced in Congress this summer. The bill supports a shift in the medical care industry from the current fee-for-service model to an accountable care model, which assigns compensation to medical providers based on health outcomes. Instead of incentivizing physicians to prescribe Read More
DOL Proposes Expansion of ERISA’s Fiduciary Rule to Include More Investment Advisors
The U.S. Department of Labor (DOL) has issued a proposed rule that would include subjecting more investment advisors to ERISA's fiduciary rule, including its strict conflict of interest provisions. The proposed rule comes five years after the U.S. Court of Appeals for the Fifth Circuit struck down the DOL’s 2018 final rule defining who qualifies as an ERISA fiduciary. According to the DOL, the purpose of the Read More
U.S. Supreme Court Hears Arguments in Whistleblower Retaliation Case
The U.S. Supreme Court recently heard arguments in Murray v. UBS Securities, a whistleblower retaliation case. In this case, the Court is considering whether whistleblowers alleging retaliation by their employers must prove that they acted with retaliatory intent. Murray worked for UBS as a strategist in its mortgage strategy group. UBS laid him off in 2008 due to a reduction in force due to the financial crisis Read More
December 2023 | Happy Hall-idays from HBL 🎅🏼
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HHS, OPM, Treasury, and DOL Proposed Rule: Federal Independent Dispute Resolution Process
The U.S. Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS), the Office of Personnel Management (OPM), the Department of Treasury’s Internal Revenue Service (IRS), and the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) have issued a proposed rule on the federal Independent Dispute Resolution (IDR) process under the No Surprises Act (NSA). The Read More
EEOC Issues Updated Guidance on Workplace Harassment
The U.S. Equal Employment Opportunity Commission (EEOC) issued proposed guidance entitled “Enforcement Guidance for Harassment in the Workplace” for employers enforcing laws that prohibit workplace harassment. The guidance, which the EEOC published in the Federal Register on October 2, 2023, provides the legal standards for workplace harassment claims and updated examples to illustrate situations that could lead to Read More
Federal Judge Allows Blue Cross Same-Sex Fertility Treatment Discrimination Suit to Proceed
An Illinois judge has denied a motion by Blue Cross Blue Shield to dismiss a same-sex discrimination lawsuit concerning coverage for couples undergoing fertility treatments. In denying the insurance company’s motion to dismiss, the judge found that the company may have denied the woman coverage under a policy that unlawfully discriminates against LGBTQ couples. The case is Murphy v. Health Care Service Corp., Case Read More
NLRB Releases Final Joint-Employer Rule
The National Labor Relations Board (NLRB) issued a final rule on October 26, 2023, that expanded the standard for when two employers conducting business with one another are considered joint employers under the National Labor Relations Act (NLRA). Being joint employers subjects them to various responsibilities under the NLRA, including being potentially liable for the unfair labor practices of one another. The Read More
