Dems Introduce Bill for All Workers to Earn Paid Time Off

Rep. Seth Magaziner (D-RI) and three other representatives have proposed the Protected Time Off Act (“the PTO Act”), a bill that would require businesses to provide employees with one hour of annual leave for every 25 hours of work. Under the bill, workers could earn up to ten paid vacation days per year, expanding this benefit to an estimated twenty-seven million people with no paid vacation time. Sen. Bernie Read More

DOL Rescinds 2018 Association Health Plans Rule

The U.S. Department of Labor (DOL) recently issued a final rule rescinding a 2018 rule entitled “Definition of Employer Under Section 3(5) of ERISA – Association Health Plans,” which is commonly known as the 2018 AHP Rule. DOL rescinded this rule because it determined that its provisions were inconsistent with the statutory requirements of ERISA concerning the definition of "employer" in establishing group health Read More

President Biden Focuses on Worker Initiatives

President Joe Biden focused on work-related initiatives in his third State of the Union speech. He proposed raising $500 billion over the next decade by establishing a minimum 25% income tax on billionaires and a minimum corporate tax of 21%. The current average federal income tax rate for America’s 1,000 billionaires is 8.2%, far less than what most people pay, including teachers, nurses, and other middle-class Read More

HHS Issues Proposed Rule on Nondiscrimination in Health Programs and Activities

The U.S. Department of Health and Human Services (HHS) has issued a proposed rule entitled “Nondiscrimination in Health Programs and Activities.” The proposed rule, designed to advance health equity and protect people from discrimination, revises the implementing regulation for Section 1557 of the Affordable Care Act (ACA). The rule also proposes revisions to nondiscrimination provisions in Centers for Medicare & Read More

DOL Recovers $119K from Hawaii Construction Company for FLSA, Wage and Hour Violations

According to a recent announcement by the U.S. Department of Labor (DOL), its Wage and Hour Division recently recovered $119,000 in unpaid wages, damages, and penalties for 43 workers at a Hawaii construction company. After an investigation, the DOL found that H.K. Construction, a residential construction company on Oahu, recklessly disregarded the requirements of the Fair Labor Standards Act (FLSA). The company also Read More

Major Differences Between DOL’s Proposed and Final ERISA Investment Advice Regulations

The U.S. Department of Labor’s (DOL) final regulations broaden the definition of fiduciary under the Employee Retirement Income Security Act (ERISA) to include more investment advisors. However, the eight hundred pages of final regulations, which consist of a final rule and three sets of amendments to ERISA prohibited transaction exemptions, contain crucial differences from the proposed regulations. Therefore, Read More

DC Circuit Rejects Challenge to NLRB’s “Successor Bar” Rule

The U.S. Court of Appeals for the D.C. Circuit recently denied a challenge to the National Labor Relations Board’s (NLRB) “successor bar” rule filed by a Puerto Rico hospital. The successor bar rule requires employers that acquire companies with organized workers to bargain with the union for a certain period following the acquisition. The NLRB had previously ruled that the Puerto Rico hospital violated the Read More

DOL Issues Final Regulations Expanding Definition of Fiduciary Under ERISA

The U.S. Department of Labor (DOL) has issued the Retirement Security Rule. This final rule expands the definition of a fiduciary under the Employee Retirement Income Security Act (ERISA) to include a much broader range of situations involving investment advice. ERISA fiduciaries must legally act in the best interests of the retirement plan participants they advise. The final rule now requires a larger group of Read More

How Plan Sponsors Can Fight Back Against Epidemic-Level Medical Overbilling and Ensure CAA Compliance

Overbilling in the healthcare industry continues to increase dramatically across the United States, to the tune of billions of dollars annually. The existing system has caused skyrocketing annual premium renewals for employers and sharply climbing out-of-pocket costs for plan members. These high costs have led to frustration, dissatisfaction, and the first reported ERISA breach of fiduciary duty litigation over Read More

The Implications of Ryan S. v. UnitedHealth Group for the 2023 MHPAEA Proposed Rule

As noted in a recent prior blog, the U.S. Court of Appeals for the Ninth Circuit has permitted a class action lawsuit under the Mental Health Parity and Addiction Equity Act (MHPAEA) and ERISA to proceed. Ruling on procedural grounds, the court found that it was sufficient for plaintiff Ryan S. to allege that United Health Group was applying an algorithm to mental health/substance use disorder (MH/SUD) claims that Read More