Three federal agencies – the U.S. Department of Labor (DOL), the U.S. Department of Health and Human Services (HHS), and the Internal Revenue Service (IRS) – recently issued FAQs (Part 62) on the “qualified payment amount” (QPA) under the No Surprises Act. The agencies also published guidance on the phased reopening of the independent dispute resolution (IDR) portal. FAQs on Surprise Billing QPA The issues in Read More
Disabled Employee Sues Employer Under ADA After Being Fired for Failing to Return to Office Post-COVID
A disabled employee has sued his employer after he was fired for failing to return to the office following the COVID-19 pandemic. Zacchery Beval, who suffers from various medical conditions, has filed suit against his former employer, Electric Boat Corp., alleging discrimination under the Americans with Disabilities Act (ADA) and the Connecticut Fair Employment Practices Act. He claims that Electric Boat failed to Read More
‘Disturbing’ NFL Benefits Plan Still Claims Win At 5th Circ.
A panel of the U.S. Court of Appeals for the Fifth Circuit has reversed a district court decision awarding former NFL running back Michael Cloud higher disability benefits and back pay. Nonetheless, the panel agreed with many of the lower court’s findings, noting the NFL retirement plan’s “disturbing” and aggressively unfair treatment of former players who had suffered severely incapacitating on-the-field injuries Read More
Steel Co. Expected to Settle Paternity Leave Suit for $5M
Gerdau Macsteel Inc. has agreed to settle a paternity leave case that could cost the steel manufacturer as much as $5 million. After Gerdau denied Nicholas Johnson, a non-union employee, six weeks of paid paternity leave after the birth of his child, Johnson sued the company under Title VII of the Civil Rights Act and Michigan’s Elliot-Larsen Civil Rights Act. He alleged that he and other male employees were denied Read More
Massachusetts Federal Court Initially Approves $61M Retirement Funds Settlement in GE Retirement Fund Case
A Massachusetts federal court has given preliminary approval to a $61 million settlement in a pending lawsuit concerning General Electric’s (GE) alleged mismanagement of retirement savings invested in a proprietary fund. The settlement would partially reimburse about 200,000 current and former participants in GE’s 401(k) plan for losses incurred since September 2011 because of GE Asset Management’s comparatively poor Read More
7th Circuit Rules ADA May Require Accommodations for Commuting Employees
The U.S. Court of Appeals for the Seventh Circuit has ruled that the Americans with Disabilities Act (ADA) may require employers to provide reasonable accommodations for employees to commute. However, the court declined to establish a bright-line rule about when the ADA requires such accommodations. The case is EEOC v. Charter Communications LLC, 7th Cir., No. 22-1231 (July 28, 2023). An employee at Charter Read More
Court Vacates HHS Regulation Involving Drug Manufacturer Assistance and ACA Cost-Sharing Limit
A federal court has invalidated a 2021 U.S. Department of Health and Human Services (HHS) regulation as arbitrary and capricious. The regulation changed the relationship between direct financial support from drug manufacturers and the Affordable Care Act (ACA) annual limits on cost-sharing. The case is HIV and Hepatitis Policy Inst. v. HHS, 2023 WL 6388932 (D.D.C. 2023). Drug manufacturers often provide direct Read More
Reporting Nonbinary Employees on the EEO-1 Survey
The U.S. Equal Employment Opportunity Commission (EEOC) does not require employers to report employees as nonbinary on the EEO-1 form. While the form contains separate boxes for employers to designate male and female employees, there is no such box to designate an employee as nonbinary. However, the EEOC specifies that employers should use the comments section on the EEO-1 form to report these employees if they Read More
Federal Court Upholds DOL’s Final ESG Rule for Plan Fiduciaries
A Texas federal judge recently upheld a U.S. Department of Labor (DOL) final rule concerning environmental, social, and governance (ESG) considerations in investment decisions by plan fiduciaries. Judge Matthew J. Kacmaryk found that the DOL’s ESG investing rule did not violate the Employment Retirement Income Security Act (ERISA). The ruling was unanticipated, as Judge Kacmaryk historically has struck down many Read More
Federal Court Tosses 401(k) Plan Mismanagement Suit Against Old Dominion
A federal court judge in North Carolina dismissed a lawsuit in which a former employee alleged that Old Dominion Freight Line had violated its fiduciary duty under ERISA by mismanaging its workers’ 401(k) plan. Specifically, ex-employee Harvey Davis claimed that Old Dominion failed to substitute cheaper investment funds for more expensive options, thus violating the duty of prudence under ERISA and failing to monitor Read More
