Counsel for healthcare workers in a class action lawsuit who alleged overcharges to their employee benefit stock plans in violation of the Employee Retirement Income Security Act (ERISA) has filed a motion requesting almost $3.4 million in attorney's fees and expenses. The case is Gamino v. KPC Healthcare Holdings Inc. et al., Case Number 5:20-cv-01126, U.S. District Court for the Central District of Read More
Top Legal Issues for Employers in 2022
Among the subjects contributing to the top legal issues employers faced in 2022 were COVID-19 vaccination requirements, a potentially new overtime rule from DOL, the economic downturn, new state laws, and post-Dobbs abortion access for employees. COVID-19 Vaccination Requirements Employers became uncertain of their legal options when some employees refused to get COVID-19 vaccinations. As a result, the EEOC Read More
9th Circ. Rules Embezzler Lacked Standing Under ERISA to Challenge How Company Spends Her Restitution
A split three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a federal district court’s decision that an embezzler lacked standing under ERISA to direct how her former employer spent restitution that she paid in an accompanying criminal case. The case is Colleen Lehr et al. v. Perri Electric Inc. et al., case number 19-17199, U.S. Court of Appeals for the Ninth Circuit. In its unpublished Read More
4th Circuit Allows FMLA Claims to Proceed Based on Worker’s Leave Notices Sent Via Facebook Messenger
The 4th Circuit Court of Appeals has given the green light for an assembly line worker’s Family and Medical Leave Act (FMLA) claim to proceed despite using Facebook Messenger to communicate his notice of leave to his employer. The case is Roberts v. Gestamp West Virginia LLC, 4th Cir., No. 20-2202 (Aug. 15, 2022). Roberts worked on an assembly line at Gestamp, a West Virginia auto parts manufacturer. Gestamp Read More
2023 Healthcare Trends and Legislative Issues to Watch
While no one can predict the future with 100% accuracy, some healthcare trends and legislative issues are more likely to arise in 2023 than others. Continually rising healthcare costs, increased mental health services, Affordable Care Act tweaks, and the Consolidated Appropriations Act are all likely to play a significant role in the months ahead. Increased Healthcare Costs Healthcare costs are rising, and Read More
2023 Spending Bill Includes Extension of Pre-Deductible Coverage for Telehealth Services
The $1.7 trillion spending bill for 2023 contains several different provisions of importance for employers. Among these provisions is the extension of a provision of the 2020 Coronavirus Aid, Relief and Economic Security (CARES) Act concerning telehealth until December 31, 2024. This provision allows health savings account (HSA)-qualifying high-deductible health plans (HDHPs) to cover telehealth and other Read More
Instacart Settles San Diego Worker Misclassification Suit for $46.5M
Instacart has agreed to settle a suit covering about 308,000 workers whom the company misclassified as independent contractors in violation of California’s labor code for a total of $46.5 million. The affected individuals worked for the grocery delivery service as “shoppers” between September 2015 and December 2020. The case is The People of the State of California v. Maplebear Inc., case number Read More
Five ERISA Cases to Watch in 2023
As 2023 begins, cases involving various aspects of the Employee Retirement Income Security Act (ERISA) are pending before various federal courts, including the U.S. Supreme Court. The following five cases merit close attention as they progress through the courts. Lloyd v. Argent Trust Company, Case Number 22-3116, U.S. Court of Appeals for the Second Circuit The first case is a proposed class action lawsuit in Read More
Class Action Lawsuit Accuses UnitedHealthcare Group of Underpaying Claims for Out-of-Network Care
Members of self-funded healthcare plans administered by UnitedHealthcare Group (“United”) have filed a class action lawsuit against the company for violating its fiduciary duty under ERISA and their plans' terms. In their lawsuit, the plaintiffs allege that United has systematically underpaid benefits for claims relating to out-of-network healthcare providers. Many self-funded healthcare plans that United Read More
