VA Federal Judge Dismisses Booz Allen 401(k) Mismanagement Suit

In Tullgren v. Booz Allen Hamilton Inc. et al., case number 1:22-cv-00856, Judge Michael S. Nachmanoff of the U.S. District Court for the Eastern District of Virginia dismissed an employee’s 401(k) mismanagement suit against Booz Allen Hamilton, at least for now. The judge gave the employee leave to file an amended complaint within 14 days.  Michael Tullgren had filed suit against the Virginia-based consulting Read More

Perceptions of Pay Equity Differ Greatly Among Employers and Employees

UKG, a provider of HR, payroll, and workforce management technology services, recently sponsored a research report entitled “Making Pay Equity Work for All.” Harvard Business Review (HBR) Analytic Services completed the research that led to the report. Based on their research, HBR found that organizations are making progress in reaching pay equity between men, women, and underrepresented groups. Employees and Read More

CA Federal Judge Orders Billing Contractor to Produce Docs in Surprise-Billing Claim

U.S. Magistrate Joseph C. Spero granted a motion to compel from a proposed class of patients, alleging that their insurer, United Behavioral Health, had underpaid their out-of-network reimbursement claims. The judge found that third-party billing contractor, MultiPlan, had waived all claimed protections in its privilege log and failed to follow an October order concerning the discovery dispute. As a result, MultiPlan Read More

EBSA Issues Final Rule on ESG Factors for Retirement Plans

The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) has issued a final rule adopting amendments to the Investment Duties regulation under Title I of the Employee Retirement Income Security Act (ERISA). These amendments, which become effective on January 30, 2023, change certain amendments to the Investment Duties regulation adopted in 2020 and are part of the Biden Read More

OSHA Expands Criteria for Severe Violator Enforcement Program

The Occupational Safety and Health Administration (OSHA) has announced that it is revamping its Severe Violator Enforcement Program (SVEP) to include more criteria that may cause employers to be placed on the list. Two repeat violations at one site can qualify an employer for inclusion in the SVEP. As a result, more employers will be at increased risk of being dubbed a “severe violator,” increasing the need for Read More

Prohibited Transaction Exemption 2002-51 to Permit Certain Transactions Identified in the Voluntary Fiduciary Correction Program

The Employee Benefits Security Administration (EBSA) has published a proposed amendment to Prohibited Transaction Exemption (PTE) 2002-51. In conjunction with the proposed amendment, the U.S. Department of Labor (DOL) published an amendment statement of its Voluntary Fiduciary Correction Program (VFCP). Comments on the proposed rule are due by January 20, 2023.  PTE 2002-51 exempts certain transactions identified Read More

Tenth Circuit Upholds Summary Judgment Ruling for United Airlines in FMLA Suit

A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, hearing the appeal of an ex-United Airlines employee in an FMLA suit, has upheld the lower court’s summary judgment, ruling in favor of the employer. In its majority opinion, the appellate court ruled that the Utah district court correctly determined that a supervisor's alleged bias against the former employee could not be attributed to United. Read More

Honda Seeks to Recoup Overpaid Bonuses from Employees

An Ohio Honda factory and an Oregon health system recently discovered that they inadvertently had overpaid their employees. Whereas Honda chose to pursue recoupment of the bonuses that it overpaid to an unknown number of its nearly 4,000 employees, St. Charles Health System of Bend, OR, ultimately dropped its demand for reimbursement of the overpaid funds after objections from workers and unions.  The Honda Read More

HHS Issues Proposed Rule Changing HIPAA Standards for Certain Electronic Pharmacy-Related Transactions

The U.S. Department of Health and Human Services (HHS) has issued a proposed rule that would update HIPAA’s electronic transaction standards regarding some retail pharmacy transactions related to healthcare claims. The affected retail pharmacy transactions include health care claims or equivalent encounter information, eligibility for a health plan, referral certification and authorization, and coordination of Read More

SPEAK Out Act Invaliding NDAs in Sexual Harassment Cases Advances in Senate

The SPEAK Out Act (S.4524), which has drawn rare bipartisan and bicameral support, despite being decidedly pro-worker, has passed both the Senate and House. The bill now has landed on President Joe Biden’s desk and is awaiting his signature.  Democrats Kirsten Gillibrand of New York and Mazie Hirono of Hawaii and Republicans Lindsey Graham of South Carolina and Marsha Blackburn of Tennessee sponsored the bill. The Read More