In the unanimous opinion titled Morgan v. Sundance, Inc., No. 21-328 (May 23, 2022), the U.S. Supreme Court refused to send an overtime claim to arbitration when Sundance, Inc., failed to ask the court to compel arbitration until eight months after the lawsuit was filed. The high Court also rejected a finding by the lower courts that there could be no waiver of arbitration unless the plaintiff could show prejudice in Read More
Cal/OSHA Releases Revised Draft of Workplace Violence Prevention Regulation
The California Division of Occupational Safety and Health (Cal/OSHA) released a revised workplace violence prevention regulation draft. If Cal/OSHA adopted the regulation, it would become a part of the General Industry Safety Order (GISO) of the California Code of Regulations. Cal/OSHA seeks interested parties to submit written comments on the draft no later than July 18, 2022. Changes to Definitions Some of Read More
Aetna Settles ERISA Suit Over Underpaid and Unpaid Mental Health and Substance Abuse Treatment Claims
Aetna Life Insurance Company (Aetna) has settled an ERISA claim with a woman who claimed that it underpaid or failed to pay claims related to her mental health care and substance abuse disorder treatment. The parties reached a settlement agreement several months after a federal district court granted partial summary judgment in favor of the plan beneficiaries, finding that Aetna had violated the terms of the health Read More
Officer’s Retaliation, Discrimination Claims Dismissed
In See v. Illinois Gaming Board, No. 19-2392 (March 21, 2022), the U.S. Court of the Appeals for the 7th Circuit upheld the lower court’s grant of summary judgment to the Illinois Gaming Board on a former law enforcement officer’s claims of First Amendment retaliation or disability discrimination. The gaming board had placed the officer on administrative leave after he showed signs of paranoia and other irrational Read More
Four Takeaways as DOL Considers Actions to Mitigate Climate-Related Financial Risks
President Joe Biden issued executive orders in 2021 establishing a government-wide approach to climate-related financial risks. In response, the Employee Benefits Security Administration (EBSA), the employee benefits division of the U.S. Department of Labor (DOL), requested public comments in February 2022 on specific actions to protect workers' retirement savings from financial risks related to climate Read More
A ‘Historic’ Moment: US Soccer to Pay Men and Women Equally
Following a year-long campaign for equal pay, the U.S. women's national soccer team (USWNT) has entered into new collective bargaining agreements under which all members will receive the same pay as members of the men's national soccer team (USMNT). The agreements went into effect June 2, 2022, and they will remain valid through 2028. Aside from the gender pay equity provisions, the agreements provide that the Read More
Workers Ask 11th Circuit to Revive FLSA Suit Against Gov’t Contractor
Attorneys for laborers who sued a general government contractor and master subcontractor, under the Fair Labor Standards Act (FLSA), following cleanup work they performed after Hurricane Michael, recently appeared before the U.S. Court of Appeals for the 11th Circuit. The workers argued that a district court judge improperly granted summary judgment in September 2020 to the two defendants, finding that they were not Read More
FMLA Leave for Mental Health Conditions: What Employers Need to Know
As more and more employees contend with mental health conditions that impact their ability to work, employers should be aware of the availability of leave under the Family and Medical Leave Act (FMLA) for these employees. The U.S. Department of Labor (DOL) recently issued guidance in Fact Sheet #280 and a set of FAQs concerning situations involving mental health conditions that can trigger FMLA leave. Generally, Read More
Transparency Laws and Inflation May Strain Relationship Between Providers and Insurers
The federal government has begun cracking down and fining hospital systems that fail to publicize the rates they charge for medical procedures. With inflation increasing at record levels, hospitals are protesting that the data they have provided is outdated as all their costs are skyrocketing. Insurers and plan providers may find that the valuable data they have been expecting from hospitals is already obsolete. Read More
EEOC Adds “X” Nonbinary Gender Marker to Intake Process
The Equal Employment Opportunity Commission (EEOC) announced that it has fully implemented the opportunity for individuals to select the nonbinary gender marker "X" when completing intake forms for filing a charge of discrimination. Individuals can choose "X" as an option at two critical stages of the process of filing a charge of discrimination, as follows: “X” is now an option to choose in response Read More
