The U.S. Department of Labor (DOL) issued a Field Assistance Bulletin (FAB 2023-1) to clarify when the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) apply to remote workers. At the same time, DOL issued Opinion Letter 2023-1-A stating that eligible employees with serious health conditions may indefinitely use available FMLA leave if they need to work reduced schedules. FLSA as Applied Read More
June 2023 | 👁️PBMs and Health Plan TPAs Scrutinized
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Bipartisan Pharmacy Benefit Manager Reform Bill Heads to Senate
The Senate Committee on Commerce, Science, and Transportation has approved the Pharmacy Benefit Manager Transparency Act (S.1339). The bill now heads to the full Senate for a vote. The bill aims to stop deceptive and anticompetitive pricing schemes by pharmacy benefit managers (PBMs). Currently, three PBMs control 80% of the prescription drug market, and these intermediaries in the drug supply pricing chain Read More
Legal Challenges to DOL’s ESG Investing Rule Continue Following Biden’s Veto of H.J. Res. 30
President Joe Biden recently vetoed H.J. Res. 30, a resolution that would have disapproved of the U.S. Department of Labor (DOL)’s final environmental, social, and governance (ESG) rule. Political controversy and potential legal challenges to the ESG investing rule continue. The rule allows investment plan fiduciaries to consider climate change and other ESG factors in evaluating investment decisions and shareholder Read More
EEO-1 Reporting for 2022 Data to Begin in July
The timeline for submitting EEO-1 data to the U.S. Equal Employment Opportunity Commission (EEOC) has changed. The starting points and deadlines for data submission have varied in recent years; the EEOC recently confirmed that the submission of 2022 data will begin in mid-July. All private employers with 100 or more employees and all federal contractors with 50 or more employees must file EEO-1 reports each year, Read More
IRS Issues FAQs Concerning Reimbursement of Nutrition, Wellness, and General Health Expenses by FSAs, HSAs, or HRAs
The Internal Revenue Service (IRS) has issued FAQs that explain when health flexible spending arrangements (FSAs), health savings accounts (HSAs), Archer medical savings accounts (Archer MSAs), and health reimbursement arrangements (HRAs) can reimburse nutrition, wellness, and general health expenses. The FAQs define when these expenses qualify as medical expenses under § 213 of the Internal Revenue Code Read More
Recent State and Federal Scrutiny Presents Unique Opportunity for Plan Sponsor PBM Agreement Negotiation
By Anne Tyler Hall, Grant Shuman, and Tim Kennedy* INTRODUCTION: THE PBM LEGISLATIVE AND REGULATORY FIRESTORM Pharmacy benefit managers (PBMs) and their fee generation methods have been controversial for some time. More recently, however, PBMs have begun receiving considerable scrutiny from all sides. Both the Federal Trade Commission and the U.S. Senate have opened parallel probes of ‘‘alleged anticompetitive Read More
President Biden Vetoes H.J. Res 30 Disapproving of DOL Final Rule
President Joe Biden recently issued a message to the U.S. House of Representatives that vetoed H.J. Res. 30. This resolution would disapprove of a final environmental, social, and governance (ESG) rule by the U.S. Department of Labor (DOL) entitled “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights.” In his message, Biden stated that the DOL’s final rule protects the retirement Read More
How to Avoid a Workplace Retaliation Claim
While human resource professionals know the importance of following workplace anti-discrimination laws, they also must ensure that employees who report discrimination do not face retaliation for having done so. The reason for this is simple: The most common type of claim filed with the U.S. Equal Employment Opportunity Commission (EEOC) is retaliation. More than half the charges filed with the EEOC in fiscal year Read More
Biden Uses State of the Union for Bipartisan Support of Workplace Policies, Immigration Reform, and Police Reform
In his State of the Union address, President Joe Biden highlighted the more than three hundred bipartisan bills he has signed into law since becoming president. He also emphasized the need to continue with important bipartisan legislation, including laws enacting paid family and medical leave, immigration reform, police reform, and ending non-compete agreements. Biden’s State of the Union follows his February 2nd Read More
