Pension funds for New York City and Oregon state have sued Fox Corp. and its board of directors in Delaware State Court, claiming that they promoted false reporting, thus inviting defamation suits, to the detriment of shareholders. According to the pension funds’ complaint, Fox News fails to ensure that its political narrative broadcasts are based on facts or credible sources. Unlike other media companies, it Read More
Court Rules Plan’s Use of Comparable Medical Necessity Treatment Limitations for Medical and Mental Health Claims Complies with MHPAEA
In L.D. v. United Healthcare Insurance, 2023 WL 4847421 (D. Utah 2023), a group health plan participant sued the plan and its insurer after receiving a denial of coverage for her child’s residential treatment as not medically necessary. The plan participant claimed that the denial of her claim violated the Mental Health Parity and Addiction Equity Act (MHPAEA) in that the plan applied the "medically necessary" Read More
DC Circ. Reviews NLRB Order in Rite Aid Labor Violation Dispute
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit recently heard oral arguments over whether the National Labor Relations Board (NLRB) properly found that Rite Aid violated labor laws in unilaterally imposing a bargaining proposal concerning employee health care coverage. The appellate court also considered whether the NLRB acted appropriately in ordering Rite Aid to contribute to a union’s health Read More
10th Circuit Rules PBMs Subject to ERISA, Preempting State Law Restrictions
The U.S. Court of Appeals for the Tenth Circuit recently issued a decision in Pharmaceutical Care Management Association (PCMA) v. Mulready, which many see as a significant win for pharmacy benefit managers (PBMs) and self-funded health plans. In its decision, the Tenth Circuit held that PBMs are subject to ERISA, thus preempting state law restrictions on PBMs. PCMA filed suit to challenge certain provisions of Read More
DOL Proposes New FLSA Overtime Salary Threshold
The U.S. Department of Labor (DOL) has proposed increasing the annual salary threshold for white collar employee exemptions to overtime under the Fair Labor Standards Act (FLSA). Under the DOL proposal, the overtime salary threshold would increase from $35,568 to $55,068, with automatic increases every three years. The revised standard would apply to all fifty states and U.S. territories, except American Read More
D.C. Federal Court Judge Dismisses 401(k) Provider’s Challenge to DOL Cryptocurrency Guidance
A D.C. federal court judge dismissed a 401(k) provider’s lawsuit challenging the U.S. Department of Labor’s (DOL) guidance concerning cryptocurrency investments. In his ruling, the judge found that DOL guidance was not subject to judicial review, and the 401(k) provider lacked standing to file suit. However, the judge also found that the relief the 401(k) provider requested, or invalidation of the DOL guidance and an Read More
EEOC Adopts Strategic Plan for Fiscal Years 2022 – 2026
The U.S. Equal Employment Opportunity Commission (EEOC) has announced the adoption of its strategic plan to cover fiscal years 2022 – 2026. The main focus of the new strategic plan is to increase public access to the EEOC and increase resources for agency investigations. In its strategic plan, the EEOC plans to devote additional resources to training staff to identify, investigate, and enforce systemic Read More
Guidance on Section 603 of the SECURE 2.0 Act Concerning Catch-Up Contributions
The Internal Revenue Service (IRS) has issued Notice 2023-62, which gives guidance on Section 603 of the SECURE 2.0 Act concerning catch-up contributions. The Notice delays the requirement in Section 603 for highly compensated individuals to make catch-up contributions on a Roth basis – with no pre-tax option – to qualified retirement plans effective January 1, 2024. Instead, the Notice establishes a two-year Read More
IRS Releases 2024 ACA Affordability and Premium Tax Credit Determinations Indexing Adjustments
The Internal Revenue Service (IRS) has released 2024 indexing adjustments to the Affordable Care Act (ACA) percentages. These percentages are critical to coverage under the ACA. As a result, large employers should pay close attention to these adjustments because failing to offer affordable coverage as defined under the ACA could result in costly employer-shared responsibility penalties. Under the ACA, the required Read More
