Uncertainty Continues as Religious Freedom and LGBT Rights Continue to Clash in ACA Cases

A wave of recent court decisions is creating uncertainty about the obligations of religious employers and healthcare providers to offer or pay for the healthcare needs of gay and transgender individuals under the Affordable Care Act (ACA). This litigation illustrates the conflicts between the Religious Freedom Restoration Act (RFRA) and policies that promote nondiscrimination under the ACA. Ongoing appeals and Read More

Court Allows GINA Claims to Proceed Against Employer Wellness Program

In Glenn Williams et al. v. City of Chicago, an Illinois federal district court judge has given the green light for some city employees to proceed with their suit against their employer based on violations of the Genetic Information Nondiscrimination Act (GINA). The employees also had brought claims under the Americans with Disabilities Act (ADA) and the Fifth and Fourteenth Amendments to the U.S. Constitution, but Read More

Keys to Preventing Workplace Sexual Harassment

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment complaints made up about 35% of all complaints received by the agency between 2018 and 2021. In addition, almost 80% of the complaints came from women. Sexual harassment may include unwanted sexual advances and unwelcome sexual commentary. It also may include conduct that denigrates or shows hostility to individuals or groups of Read More

DOL Proposes New Worker Classification Regulations Under FLSA

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has published a Notice of Proposed Rulemaking in the Federal Register concerning the classification of employees and independent contractors under the Fair Labor Standards Act (FLSA). One of the main functions of FLSA is to outline the minimum wage and overtime requirements that apply to employees but not independent contractors. The proposed Read More

NLRB Proposes Changes to Joint Employer Rule

The National Labor Relations Board (NLRB) recently issued a Notice of Proposed Rulemaking that would alter the definition of when two employers doing business with one another become joint employers. This definition is important because it determines when one employer is liable for the other employer’s unfair labor practices. Joint employers under the National Labor Relations Act (NLRA) both must bargain with the Read More

Five Years After #MeToo, Sexual Harassment Continues to Run Rampant in Workplaces

Five years ago, a tweet by actress Alyssa Milano went viral, leading women worldwide to use the now-familiar hashtag: #MeToo. The rallying cry had begun against sexual misconduct, rape culture, and sexual harassment in the workplace. A recent survey by The Shift Workshop, a New York HR consultancy firm, found that over 50% of the nearly 1,700 respondents had dealt with sexual harassment over the past 12 months. As a Read More

IRS Issues Inflation-Adjusted Items for 2023

The Internal Revenue Service (IRS) has issued Part III Administrative, Procedural, and Miscellaneous, 26 CFR 601.602. This revenue procedure aims to outline inflation-adjusted items in various Internal Revenue Code (IRC) provisions for 2023. These adjustments apply to taxable years beginning in 2023. The revenue procedure notes a change that the Inflation Reduction Act of 2022 made to the energy-efficient Read More

Employee Handbooks: Challenges for Multistate and International Employers

Although employee handbooks are not a legal requirement, they are a useful tool for employers to communicate policies, procedures, and expectations to new and existing employees. For multistate and international employers, creating a universal employee handbook can be very challenging due to the need to comply with all the local, state, federal, and international laws applicable to the jurisdictions in which the Read More

SECURE Act 2.0 and Your Company’s Retirement Plan

Retirement plan advisors are hopeful that Congress will work together before the end of the year to pass legislation collectively known as SECURE Act 2.0. This critical legislation would build on the provisions of the SECURE Act of 2019 and help workers better prepare for retirement. SECURE Act 2.0 consists of the Securing a Strong Retirement Act of 2022 that the House passed in March, as well as two bills that Read More

Significant Parity Cases for Benefits Lawyers to Watch

Patients have filed various lawsuits alleging their insurers violated the Parity Act by limiting treatment for mental health and substance use disorders. These lawsuits also involve ERISA claims. Many expect the outcomes of these lawsuits to clarify the standards for a successful parity claim and what remedies plaintiffs can seek under the Parity Act. The following are five parity cases that benefits attorneys and Read More