Recent research published by the Society for Human Resource Management (SHRM) reveals that most U.S. employers believe modernizing the U.S. immigration system is key to alleviating labor shortages, spurring economic growth, and maintaining global competitiveness. As such, SHRM supports updating the Immigration and Nationality Act (INA), the federal legislation governing immigration and citizenship in the Read More
Ford Accuses Blue Cross of Price Fixing to Inflate Profits
Ford Motor Company has filed suit against Blue Cross Blue Shield, accusing the health insurer of conspiring to fix prices to reduce competition and violating antitrust laws. More specifically, Ford claims that the Blue Cross scheme to reduce competition between entities deprived it of the opportunity to purchase health insurance coverage from lower-cost competitors or at costs determined by the free market. As a Read More
Wake Forest Medical Center Settles ERISA Class Action Suit
Wake Forest University Baptist Medical Center has agreed to settle a proposed ERISA class action lawsuit pending in a North Carolina federal district court. In Garnick et al. v. Wake Forest University Baptist Medical Center et al., former employees claimed that plan administrators had violated their fiduciary duties under ERISA in administering the $2 billion retirement plan covering about 30,000 participants. The Read More
Data Rights for Employees: Establishing a Data Bill of Rights at Your Company
Businesses have more data about their employees than ever before, and the amount of data is growing. Data availability has increased dramatically in recent years, particularly due to the evolution of remote and hybrid work arrangements and the creation of digital work channels that employers can use to monitor and track employees. Furthermore, employee health and well-being have become a greater priority for Read More
Employers May Not Use Severance Agreements to Substitute for COBRA Compliance
A New Jersey federal district court has ruled in a case involving an employer's alleged failure to notify a former employee of her COBRA rights or promptly process her request for continued health coverage. The case is Davis v. World Ins. Assocs., LLC, 2023 WL 2665727 (D.N.J. 2023). Davis filed an employment discrimination lawsuit against her former employer. Her claims included allegations concerning the adequacy Read More
House Committee Debates Changes to Independent Contractor Rule
During a recent hearing, the U.S. House Education and the Workforce Committee debated the pros and cons of changing the so-called "independent contractor" rule. This rule dictates how to properly classify workers as employees or independent contractors, a distinction that has grown in importance with the steep increase in the independent workforce in recent years. The distinction between independent contractors Read More
DOL Abandons Appeal in ASA v. DOL
The U.S. Department of Labor (DOL) reportedly has abandoned its appeal in the case of American Securities Association [“ASA”] v. U.S. Department of Labor, No. 8:22-cv-00330 (M.D. Fla. Feb. 13, 2023). In ASA, a Florida federal district court, consistent with a similar ruling by a New York federal district court, rejected a critical DOL interpretation of its fiduciary rules under the Employee Retirement Income Security Read More
Premature End to National COVID-19 Emergency Fails to Alter July 10 Deadline
The U.S. Department of Labor (DOL) issued FAQs in March that looked toward the end of the national COVID-19 emergency, which was set to expire on May 11, 2023. However, the Biden administration opted to end the national emergency early, on April 10, 2023. Nonetheless, the DOL has indicated that it will not alter its March guidance regarding the outbreak period, which is 60 days following the end of the national Read More
July 2023 | 👌🏼 HBL Welcomes Rick Sutter, WBENC Certification
Click here to read our July 2023 newsletter! Read More
U.S. Supreme Court Considers Undue Hardship Standard in Religious Accommodations Case
The U.S. Supreme Court recently heard oral arguments in the pending case of Groff v. DeJoy, which focuses on the rules employers should follow when granting employee requests for religious accommodations under Title VII of the Civil Rights Act of 1964. In Groff, the Court considered whether it should uphold the Hardison standard, which states that an employer need not provide religious accommodations if doing so Read More
