The U.S. Court of Appeals for the Fifth Circuit has ruled in favor of Christian-owned businesses and individuals who sued over the Affordable Care Act (ACA) preventive care mandates. The appellate Court agreed with the district court that the federal task force that recommended mandated preventive care services was unconstitutional. However, the Fifth Circuit lifted the district court’s nationwide injunction Read More
U.S. Supreme Court Overturns Chevron Test
The U.S. Supreme Court overturned a 40-year-old precedent in striking down the so-called “Chevron” test, which instructed courts when they should defer to federal agencies’ interpretations of law in rulemaking. In its 6-3 ruling, the Supreme Court discarded the analysis first adopted in its 1984 decision in Chevron v. Natural Resources Defense Council, holding that the test improperly elevated the executive branch’s Read More
IRS Issues Notice 2024-55 – Certain Exceptions to the 10 Percent Additional Tax Under Code Section 72(t)
The Internal Revenue Service (IRS) recently issued Notice 2024-55, which concerns exceptions to the 10% additional tax under section 72(t) of the Internal Revenue Code (the Code). These exceptions include emergency personal expenses and domestic abuse victim distributions from qualified retirement plans. Section 72(t)(1) imposes an additional 10% tax on a distribution from qualified retirement plans unless the Read More
Eleventh Circuit Affirms Summary Judgment in Favor of Radiology Practice in FMLA Suit
The U.S. Court of Appeals for the Eleventh Circuit affirmed the lower Court's grant of summary of judgment in favor of a radiology practice in a lawsuit brought by a former doctor at the practice. Jason Browning alleged that he was fired after requesting medical leave under the Family and Medical Leave Act (FMLA). However, the Eleventh Circuit ruled that the district court did not err when it failed to allow the Read More
Court Rejects Health Care Provider Attempts to Enforce IDR Awards Against Insurer Under No Surprises Act
A federal district court has rejected a bid by healthcare providers to enforce independent dispute resolution (IDR) awards against an insurer under the No Surprises Act (NSA). The case is Guardian Flight LLC v. Health Care Serv. Corp., 2024 WL 2786913 (N.D. Tex. 2024). Guardian Flight LLC, an air ambulance service provider, sued an insurer after it refused to pay a certified IDR entity’s award for disputed Read More
EEOC Argues Against Dismissal of Title VII Sexual Harassment Suit Involving Trans Worker
The U.S. Equal Opportunity Commission (EEOC) has filed a response to an Illinois hog farm’s motion to dismiss its Title VII sexual harassment suit on behalf of a transgender former employee. The EEOC filed suit against Sis-Bro in Illinois federal court in March. The company’s president insisted on calling the unidentified former employee by her former name and criticized her for seeking gender-affirming care when Read More
District Court Dismisses 401(k) Forfeited Funds Suit Against HP
A California federal district court judge has dismissed a novel proposed class action suit against HP involving the company’s alleged misuse of 401(k) funds forfeited by former workers. The judge reasoned that nothing in federal benefits law compelled HP to use the funds for plan expenses rather than to reduce its employer contributions. The case is Hutchins v. HP Inc. et al., case number 5:23-cv-05875, U.S. District Read More
U.S. Supreme Court to Consider Whether ADA Applies to Post-Employment Benefits
The U.S. Supreme Court has granted the certiorari petition of a retired Florida firefighter, who has asked the high Court to consider whether the anti-discrimination provisions of the Americans with Disabilities Act (ADA) apply to post-employment benefits for retirees. Karyn Stanley is challenging a decision of the U.S. Court of Appeals for the Eleventh Circuit, which dismissed her discrimination suit against the Read More
Pharmacy Industry Groups Ask Supreme Court to Overturn OK PBM Ruling
Five pharmacy industry groups have filed an amicus brief supporting the Oklahoma insurance commissioner’s petition for a writ of certiorari to the U.S. Supreme Court concerning a recent Tenth Circuit decision. That ruling partially invalidated a state law regulating pharmacy benefit managers (PBMs). The case is Glen Mulready et al. v. Pharmaceutical Care Management Association, case number 23-1213, U.S. Supreme Read More
Impending Court Decisions on FTC Noncompete Rule Should Guide Employers
The Federal Trade Commission’s (FTC) final rule that makes most noncompete agreements unenforceable, with a few exceptions, has been the target of significant litigation in recent months. The prohibition on noncompetes is inapplicable to certain industries, such as airlines, financial services, and non-profits, and to existing agreements with "senior executives." The final rule defines senior executives as people Read More
