Strikes, NLRB Decisions Dominate Labor Relations in 2023

During the 2023 federal fiscal year, the National Labor Relations Board (NLRB) received a three percent increase in union petitions over the previous fiscal year and a ten percent increase in unfair labor practices. As a result, various labor strikes and NLRB decisions significantly affected labor relations throughout the year, as shown by the following events. Big Labor Strikes Major Deals, Focuses on Union Read More

HHS’ Office for Civil Rights Reaches Settlement of First Phishing Cyberattack Under HIPAA

The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services has announced its first settlement of a HIPAA case involving a phishing cyberattack. In May 2021, Lafourche Medical Group, LLC, filed a HIPAA breach notification with OCR stating that a hacker had obtained electronic patient health information (ePHI) via a phishing cyberattack. OCR's press release states, "Phishing is a type of Read More

Employee’s Job Transfer May Have Been Age Discrimination

A California appeals court recently overturned a trial court's dismissal of an employee's age discrimination claim, finding that his job transfer may have constituted a demotion. Although the employer claimed that the man had voluntarily accepted a new position, some evidence indicated that the man had been involuntarily demoted. The case is Ilaga v. The Permanente Medical Group, Calif. Ct. App., No. A165273 (Nov. Read More

5th Circuit Questions Standing in ACA Trans Healthcare Battle

A three-judge panel of the U.S. Court of Appeals of the Fifth Circuit heard oral arguments in the federal government's appeal of a U.S. District Court judge's ruling invalidating Section 1557 of the Affordable Care Act (ACA), which bans healthcare discrimination. The case is Neese v. Becerra, case number 23-10078, U.S. Court of Appeals for the Fifth Circuit. During oral arguments, the appellate panel appeared Read More

Reverse Bullying: When Subordinates Intimidate Their Managers

Although managers are typically well-trained on harassment, discrimination, and bullying in the workplace, reverse bullying - which occurs when subordinates are intimidating and defiant toward their managers – is a less-discussed subject. Sometimes, managers become unwilling or fearful to hold employees accountable for their actions, creating an unwelcoming work environment for everyone involved. When reverse Read More

IRS Issues Guidance on De Minimis Financial Incentive Benefits, Other Optional Features in SECURE 2.0 Act

Congress passed the SECURE 2.0 Act of 2022 to encourage workers to save for retirement. The Internal Revenue Service (IRS) recently issued additional guidance on various provisions of the SECURE 2.0 Act in the form of IRS Notice 2024-2. Much of this guidance focuses on optional features that employers have been reluctant to utilize without further guidance from the IRS. De Minimis Financial Incentive Read More

Bankrupt Drug Treatment Center Argues Cigna Fee-Forgiving Out-of-Network Case Before 9th Circuit

Bristol SL Holdings Inc. (“Bristol”), a holding company and successor-in-interest for Sure Haven, a now-bankrupt drug and alcohol treatment center, recently urged a panel of the Ninth Circuit to overturn the trial court’s grant of summary judgment in favor of insurance giant Cigna. Bristol sued Cigna in 2019, claiming that it violated the terms of its health plan when it failed to pay more than $8 million in claims Read More

Actuary Co. Reaches $4M Settlement in 401(k) Fee Class Action Suit

Insurance Services Offices Inc. (ISO), an actuarial and underwriting company, has agreed to pay $4 million to settle a proposed class action lawsuit filed by ex-employees concerning its 401(k) Savings and Employee Stock Ownership Plan. The former workers alleged that ISO charged them excessive fees and failed to monitor the plan’s investments in violation of ERISA. The case is Peterson et al. v. Insurance Services Read More

EEOC, DOL Issue 2024 Regulatory Agendas

As part of the Biden administration’s Fall 2023 Regulatory Plan, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Labor (“DOL”) have released their 2024 regulatory agendas. EEOC Regulatory Agenda The EEOC identified nine pending items in its Fall 2023 Regulatory Agenda; five are at the proposed rule stage, and four are at the final rule stage. The EEOC pointed to one item Read More

Supreme Court Considers Whether Involuntary Job Transfer Can Constitute Discrimination

The U.S. Supreme Court recently heard arguments in Muldrow v. City of St. Louis. The Court’s decision in Muldrow will determine whether an involuntary job transfer can constitute illegal discrimination in some cases. The main inquiry during oral arguments focused on whether tangible harm is necessary to prove discrimination. Examples of tangible harm include less pay, less favorable hours, or a lower rank.  In Read More