The U.S. Department of Labor (DOL) recently asked a District of Columbia federal court judge to dismiss a lawsuit challenging its 401(k) cryptocurrency investment guidance. ForUsAll, a San Francisco-based 401(k) recordkeeping firm, sued the DOL in June 2022, claiming that the agency had changed policy in violation of the Administrative Procedure Act (APA), which requires a public notice and comment period. In Read More
More States Block Noncompete Agreements
Noncompete agreements used to be commonplace, particularly in employment sectors, but they have become increasingly rare in recent years. Employers historically have used noncompete and non-solicitation agreements to stop employees from competing with a company or soliciting that company’s customers for a specific period after they leave their employment. State legislative changes and court rulings have limited or Read More
Uncertainty Continues as Religious Freedom and LGBT Rights Continue to Clash in ACA Cases
A wave of recent court decisions is creating uncertainty about the obligations of religious employers and healthcare providers to offer or pay for the healthcare needs of gay and transgender individuals under the Affordable Care Act (ACA). This litigation illustrates the conflicts between the Religious Freedom Restoration Act (RFRA) and policies that promote nondiscrimination under the ACA. Ongoing appeals and Read More
December 2022 | HBL Has a New ERISA Partner
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Court Allows GINA Claims to Proceed Against Employer Wellness Program
In Glenn Williams et al. v. City of Chicago, an Illinois federal district court judge has given the green light for some city employees to proceed with their suit against their employer based on violations of the Genetic Information Nondiscrimination Act (GINA). The employees also had brought claims under the Americans with Disabilities Act (ADA) and the Fifth and Fourteenth Amendments to the U.S. Constitution, but Read More
Keys to Preventing Workplace Sexual Harassment
According to the Equal Employment Opportunity Commission (EEOC), sexual harassment complaints made up about 35% of all complaints received by the agency between 2018 and 2021. In addition, almost 80% of the complaints came from women. Sexual harassment may include unwanted sexual advances and unwelcome sexual commentary. It also may include conduct that denigrates or shows hostility to individuals or groups of Read More
DOL Proposes New Worker Classification Regulations Under FLSA
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has published a Notice of Proposed Rulemaking in the Federal Register concerning the classification of employees and independent contractors under the Fair Labor Standards Act (FLSA). One of the main functions of FLSA is to outline the minimum wage and overtime requirements that apply to employees but not independent contractors. The proposed Read More
NLRB Proposes Changes to Joint Employer Rule
The National Labor Relations Board (NLRB) recently issued a Notice of Proposed Rulemaking that would alter the definition of when two employers doing business with one another become joint employers. This definition is important because it determines when one employer is liable for the other employer’s unfair labor practices. Joint employers under the National Labor Relations Act (NLRA) both must bargain with the Read More
Five Years After #MeToo, Sexual Harassment Continues to Run Rampant in Workplaces
Five years ago, a tweet by actress Alyssa Milano went viral, leading women worldwide to use the now-familiar hashtag: #MeToo. The rallying cry had begun against sexual misconduct, rape culture, and sexual harassment in the workplace. A recent survey by The Shift Workshop, a New York HR consultancy firm, found that over 50% of the nearly 1,700 respondents had dealt with sexual harassment over the past 12 months. As a Read More
IRS Issues Inflation-Adjusted Items for 2023
The Internal Revenue Service (IRS) has issued Part III Administrative, Procedural, and Miscellaneous, 26 CFR 601.602. This revenue procedure aims to outline inflation-adjusted items in various Internal Revenue Code (IRC) provisions for 2023. These adjustments apply to taxable years beginning in 2023. The revenue procedure notes a change that the Inflation Reduction Act of 2022 made to the energy-efficient Read More
