The U.S. Court of Appeals for the Fifth Circuit reversed a Texas federal district court’s vacatur of certain provisions of the No Surprises Act, finding that the provisions were neither arbitrary nor capricious. However, the Court affirmed the district court’s vacatur of a provision of the Act related to insurers’ deadlines. The case is Texas Medical Association et al. v. U.S. Department of Health and Human Services, Read More
NLRB Issues Two Major Decisions Concerning Mandatory Meetings and Employer Statements on the Impact of Unionization
In November, the National Labor Relations Board (NLRB) issued two rulings that overturned long-standing precedents. One case outlawed mandatory or so-called “captive audience” meetings by employers, and the other established a new standard for evaluating employee statements on the potential effects of unionization. Both decisions apply only prospectively, not retroactively. First, in the Siren Retail Corp d/b/a Read More
HHS Office of Civil Rights Imposes $240,000 Penalty Against Health Care Provider After Violation of HIPAA Security Rule Results in Ransomware Attack
The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) has announced the imposition of a $240,000 civil penalty against Providence Medical Institute in southern California for violating the HIPAA security rule. OCR investigated the covered entity after it reported a series of ransomware attacks that compromised the electronic protected health information (ePHI) of 85,000 Read More
Trump Administration Expected to Eliminate OSHA Heat Safety Rule
On July 2, 2024, the Occupational Health and Safety Administration (OSHA) published a proposed heat safety rule to protect all industry workers from extreme heat. The public has until December 30, 2024, to submit comments on the rule. However, most believe the incoming Trump administration is unlikely to finalize the rule. Federal agencies typically take several months to review comments, potentially revise the Read More
LinkedIn Faces Digital Privacy Class Actions for Tracking User Personal and Health Care Information
LinkedIn, the world's largest professional networking social media site, faces three class action lawsuits brought under the California Invasion of Privacy Act (CIPA). Individuals who made appointments through the websites of three healthcare companies brought suits, alleging that LinkedIn was violating the CIPA by accessing their private personal and healthcare information. They claim that LinkedIn installed its Read More
DOL Issues Guidelines Concerning Integration of AI Platforms into the Workplace
The U.S. Department of Labor (DOL) recently issued guidelines for employers on principles and best practices for artificial intelligence (AI) and employer well-being. These guidelines build on the Biden administration’s 2023 executive order on AI, which stressed the need to ensure that AI supports and provides worker opportunities rather than harms and expands inequalities. The Partnership on AI, which consists of Read More
NYC Council Ponders Giving Employees Paid Time Off to Care for Sick Pets
The New York City Council is considering a bill (Int. 1089-2024) that would provide paid time off for New York City workers to care for their pets. The council planned to refer the bill to its Consumer and Worker Protection Committee. If passed, New York City would be one of the only jurisdictions in the nation to mandate paid time off for workers to care for their sick or injured animals. A local law in Read More
6th Circ. Revives Kellogg 401(k) Fee Suit After Arbitration Dismissal
The U.S. Court of Appeals for the Sixth Circuit has reversed a Michigan federal district court’s April 2023 dismissal of a 401(k) plan mismanagement class action against Kellogg, finding that an arbitration provision in the plan didn’t preclude the claims. The case is Bradley Fleming v. Kellogg Co. et al., case number 23-1966, in the U.S. Court of Appeals for the Sixth Circuit. Former Kellogg employee Bradley H. Read More
Class Action Claims Campbell Soup Co. Charges Smokers More for Health Insurance
Employees of Campbell Soup. Co. have filed a class action lawsuit in a New Jersey federal district court, claiming that the company unlawfully charges smokers higher premiums for health insurance in violation of ERISA. According to the employees, tobacco surcharges are permissible under ERISA only if they are part of a wellness program meeting strict criteria. More specifically, the wellness program must promote Read More
IRS Releases Adjustments to 2025 Maximums – Administrative, Procedural, and Miscellaneous Items
The Internal Revenue Service (IRS) has released Rev. Proc. 2024-40, which contains inflation-adjusted items for 2025 in over 60 provisions of the Internal Revenue Code. These changes will impact taxpayers filing tax returns in 2026. The following changes are of particular importance to plan sponsors and employers. Health Flexible Spending Cafeteria Plans RP 2024-40 increases the dollar limitation for Read More
