The American Rescue Plan Act of 2021 (ARPA) included a provision to help unemployed workers by authorizing a 100% subsidy of COBRA health insurance premiums through September 30, 2021. The ARPA was signed into law by President Biden on March 11, 2021. Under the ARPA, employers would receive the subsidy through a payroll tax credit against their quarterly taxes. Employees who lost their jobs due to the pandemic and Read More
Circuit Court Deems Bonus Program a Non-ERISA Plan
The U.S. Court of Appeals for the Fifth Circuit has ruled that a lawsuit involving a construction company’s bonus program belongs in state court because it is not a benefit program that is governed by ERISA. The case -- Atkins et al. v. CB&I, LLC -- was filed by five construction workers in Louisiana after the company they worked for refused to pay them a bonus because they quit their jobs before the project Read More
BlackRock Signs Nearly 8-Figure Deal to End ERISA Class Action Claim
Following almost four years of litigation, a $9.65 million settlement has been reached in a complex ERISA class action brought by investors in the BlackRock Retirement Savings Plan that included allegations of self-dealing and excessive fees. Plaintiffs Charles Baird and Lauren Slayton sought to certify two classes, including one class of BlackRock employees that participated in the company’s collective trust Read More
Updated CDC Guidance: Masks in the Workplace
The COVID-19 pandemic has brought dramatic changes to the employment landscape over the past year, challenging employers to keep pace with ongoing updates to guidance from OSHA and the Centers for Disease Control and Prevention (CDC) on how to protect employees from being exposed to COVID-19 in the workplace. The CDC recently updated three of its resource pages that provide guidance on the use of masks to help Read More
House Introduces Immigration Reform Bill: The United States Citizenship Act
On February 18, 2021, the United States Citizenship Act was introduced into the U.S. House of Representatives as a comprehensive immigration reform bill that President Biden said would “restore justice, humanity, and order to our immigration system.” The 353-page bill follows through on a number of President Biden’s campaign promises, including a direct path to citizenship for “Dreamers” - undocumented immigrants Read More
EEOC Withdraws Proposed Wellness Incentive Rules
The U.S. Equal Employment Opportunity Commission (EEOC) has withdrawn two proposed new rules regarding what type of incentives employers can provide to their workforce as part of an employee wellness program without violating the Americans with Disabilities Act (ADA) or Genetic Information Nondiscrimination Act (GINA). On January 20, 2021, the White House issued a memorandum instructing the heads of executive Read More
House Passes Equality Act
On February 25, 2021, the U.S. House of Representatives passed the Equality Act, legislation that would prohibit discrimination on the basis of sexual orientation and gender identity. Specifically, the bill states that “existing federal statutes prohibiting sex discrimination in employment (including in access to benefits), healthcare, housing, education, credit, and jury service also prohibit sexual orientation and Read More
DOL Signals Change to Joint Employer Rule
On February 23, 2021, the DOL sent a new proposed regulation on joint employment status under the Fair Labor Standards Act (FLSA) to the White House Office of Information and Regulatory Affairs (OIRA) for regulatory review. Background In March 2020, the DOL issued a final rule regarding the determination of joint employer status under the FLSA. The rule defined a joint employer as any additional “person” (i.e., Read More
Making it Rain: Anne Tyler Hall
Anna Rappaport (AR): You founded a boutique firm specializing in ERISA (Employee Retirement Income Security Act of 1974). Given that this is typically an area of law that is part of a larger firm’s benefits and employment law practice, how did you decide to venture out on your own and start your own firm? Anne Tyler Hall (ATH): I grew up in large law firms, and the ERISA practice groups serviced the corporate Read More
