The Equal Employment Opportunities Commission (EEOC) recently updated its guidance regarding COVID-19-related compliance for various federal employment nondiscrimination laws. The EEOC had previously issued guidance on coronavirus compliance issues under certain laws, including the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The revised guidance reveals that Read More
The EEOC Settles $1M Case with Chicago Meat Plant Over Racial Discrimination Claims
An Illinois meat processing plant, the Chicago Meat Authority Inc. (“CMA”), and the U.S. Equal Employment Opportunity Commission (EEOC) recently agreed to settle a three-year-old lawsuit filed in an Illinois federal court. The agency claimed that CMA had a recurring practice where it bypassed Black job applicants for almost a decade and subjected Black employees to racial slurs and harassment. In U.S. Equal Read More
Federal Government Proposes Ending Preferential Contracts for Subminimum Wages
The Biden administration issued a notice of proposed rulemaking for ending certain preferential contracts with nonprofits that employ blind or seriously disabled workers. The nonprofits involved in these contracts have traditionally benefitted from a law that allows them to pay blind or seriously disabled employees less than the standard minimum wage. In addition, President Biden called for a phaseout of the program Read More
Feds Release Regulations for The No Surprises Act – Part II
In the early fall of 2021, the Department of Health and Human Services (HHS), the Department of Labor, and the Department of the Treasury (collectively the “Departments”), along with the Office of Personnel Management (“OPM”), released “Requirements Related to Surprise Billing, Part II,” its second interim final rule (the “IFR” or “Rule”) related to implementing provisions of the No Surprises Act. The regulations in Read More
The Latest on HIPAA Privacy and COVID-19 Vaccinations
The Department of Health and Human Services (“HHS”) stated that the HIPAA Privacy Rules do not prohibit covered entities and business associates from asking whether an individual has received a COVID-19 vaccine. The HHS explained the rule in a series of Qs & As. The HIPAA Privacy Rule (the “Privacy Rule: or “Rule”) exists to protect individuals’ medical records and other protected health information (“PHI”) by Read More
Biden Administration Ends Worksite Immigration Raids
The Biden administration recently announced that the federal government would stop raiding workplaces to arrest undocumented workers. This ends the former administration’s policy, which the Biden Administration claimed was used by "exploitative employers to suppress and retaliate against workers' assertion of labor laws." This ends what U.S. Department of Homeland Security (“DHS”) Secretary Alejandro Mayorkas Read More
New FAQ Addresses Vaccine Coverage, Incentives, And Vaccine-Based Exclusions
As the result of a joint effort, the Departments of Labor, Health and Human Services, and the Treasury (the “Agencies”) released a new FAQ entitled, “Affordable Care Act Implementation Part 50, Health Insurance Portability and Accountability Act and Coronavirus Aid, Relief, and Economic Security Act Implementation.” The FAQ addresses rapid coverage of preventive services for COVID-19 and vaccine incentives. They are Read More
Attorney Fired for Taking Parental Leave Must Arbitrate Discrimination and Termination Claims
A Maine attorney allegedly fired for taking parental leave must take his case to arbitration. A First Circuit judge decided that the language of an offer letter to the attorney required arbitration of his discrimination and wrongful termination claims. Preti Flaherty Beliveau & Pachios LLP (“Preti”) hired Bryan O'Brien as an associate in 2017 to work at its Portland office. O’Brien alleges that the firm Read More
DOL Proposes Changes to Undo Trump ESG Investment Rules (in the midst of 60-day comment period)
The U.S. Department of Labor (DOL) released a proposal that would overturn two rules implemented by the Trump administration that imposed restrictions on the way that retirement plans could assess environmental, social, and governance factors in their investment decisions. This proposal comes after a long period of outreach to financial institutions, labor organizations, and other institutions concerning a pair of Read More
Is AT&T’s Victory in Class-Action Lawsuit A Blueprint for Future Success?
Recently, telecommunications giant AT&T withstood a class-action lawsuit alleging that it failed to evaluate and monitor the retirement plan’s recordkeeping fees paid to Fidelity Investments Institutional Operations Company Inc., the plan provider. AT&T’s victory could help other plan sponsors defend against similar disputes in the future. Many business enterprises have been affected by the flood of class Read More
