Recent changes in state and federal laws have affected an individual's ability to carry firearms in public and the workplace. These changes should prompt all employers to review their policies on guns in the workplace, with the overall goal of balancing individuals' gun rights with maintaining a safe workplace. Federal Gun Laws Employers have a legal duty to maintain a safe work environment for their workers Read More
Three Key Reasons Why DEI Initiatives Fail
Although high-profile racially charged incidents in recent years have led to a surge in corporate pledges and investments toward diversity, equity, and inclusion (DEI), the forward movement toward these goals has stalled. DEI leaders who have spearheaded this diversity work have focused on three key reasons why well-intentioned DEI initiatives have failed. Failure to Explicitly Connect DEI Objectives to the Read More
ADP Seeks Sanctions Against Former Employer for Allegedly Destroying Evidence in Suit
ADP Inc., a payroll processing business, has filed a motion asking a Florida federal court judge to dismiss a lawsuit filed by ex-ADP manager David Schwartz. Alternatively, ADP is asking the court to enter a default judgment in its favor, based on allegations that Schwartz deleted crucial evidence on a company iPad. ADP is requesting a jury instruction in any trial that may occur that any deleted evidence was Read More
3 Questions About DOL’s Mental Health Parity Push
Law 360 (November 18, 2022, 5:44 PM EST) -- The U.S. Department of Labor has vowed to continue its aggressive enforcement of a law requiring employer health plans to provide equal coverage for mental health and addiction treatments and other types of medical care, despite expected political pressure from the Republican-led U.S. House of Representatives. The Paul Wellstone and Pete Domenici Mental Health Parity Read More
AMA Joins ERISA Class Action Alleging CIGNA Refuses to Honor Discount Contracts
Plaintiffs filed an amended complaint in a pending ERISA class action lawsuit to include state law claims by the American Medical Association (AMA), the Medical Society of New Jersey, and the Washington State Medical Association. The original individual plaintiffs were participants in CIGNA-administered health plans and received medical care from physicians in the MultiPlan network. Physicians in the MultiPlan Read More
Federal Agencies Finalize Independent Dispute Resolution Regulations Implementing No Surprises Act
The DOL, HHS, and IRS have finalized portions of the regulations concerning the independent dispute resolution (IDR) process of the No Surprises Act. The agencies also have provided a fact sheet summarizing the finalized regulations. Congress enacted the No Surprises Act as part of the Consolidated Appropriations Act of 2021 (CAA) to address various issues involving surprise medical billing. The major aim of the Read More
Comply with Federal, State, and Local WARN Laws in Conducting Layoffs
Companies that are planning mass layoffs or reductions in force (RIF) must comply with the often-complex requirements of the Worker Adjustment and Retraining Notification (WARN) Act. Many states and even municipalities have enacted their own "mini-WARN Acts" that may impose different or additional requirements on employers who intend to conduct layoffs. The Federal WARN Act The WARN Act requires covered Read More
DOL Proposes ERISA Exemptions for Restorative Payments to Blue Cross Blue Shield Following Allianz Losses
The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) has proposed individual exemptions to prohibited transaction restrictions under the Employee Retirement Income Security Act (ERISA). The proposed transaction exemptions would cover about $600 million in payments made by 11 benefit pension plans, sponsored by independent licensees of the Blue Cross Blue Shield Association Read More
Adopting Practices to Minimize Liability for Layoffs
Employers can make themselves vulnerable to liability when they lay off employees under such legislation as the Worker Adjustment and Retraining Notification Act (WARN Act), state versions of the WARN Act, and the Older Workers Benefit Protection Act (OWBPA). Fortunately, employers can take various steps to minimize this type of liability when they conduct layoffs. Layoff Procedures to Follow First, employers Read More
Federal Judge Dismisses Multiple Claims in Male Employee’s Parental Leave Suit
A judge in a Massachusetts federal court has dismissed four of the nine claims in a 2021 wrongful termination lawsuit filed by a former employee against a lighting company and selected company employees. Among the claims that the judge dismissed were Ahmed Eissa’s allegations that Ledvance LLC discriminated against him based on his sex and ethnicity when they terminated him after he took parental leave for the birth Read More
