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 With inflation increasing at record levels, hospitals are protesting that the data they have provided is outdated as all their costs are skyrocketing.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
HHS Chart Summarizes Applicability of State and Other Surprise Billing IDR Processes
The U.S. Department of Health and Human Services (HHS) has provided various resources concerning the No Surprises Act, which was enacted as part of the Consolidated Appropriations Act, 2021 (CAA). These resources include a “Chart for Determining the Applicability for the Federal Independent Dispute Resolution (IDR) Process.” This chart summarizes when a state or other IDR process applies instead of the federal IDR Read More
Post-Roe: What Employers Should Know About Employees, Medical Coverage, and Privacy
The U.S. Supreme Court’s leaked draft in Dobbs v. Jackson Women’s Health Organization now has become law with the Court’s recent issuance of its final opinion. A post-Roe America raises new and challenging issues for employers concerning employment law, medical plan coverage, and employee privacy. Issues Related to Employment Law Allegations of Discrimination The Dobbs decision will likely bring about a Read More
IRS Announces New Pre-Audit Compliance Program
The IRS has announced the implementation of a 90-Day Pre-Examination Compliance Pilot program in its Employee Plans newsletter dated June 5, 2022 ("the Pilot Program). When the IRS identifies a retirement plan for an audit, it will first send a letter to the plan sponsor of the retirement plan. The letter will inform the plan sponsor that the plan has been selected for audit and advise that it has 90 days to identify Read More
7th Circuit Rules that Discouraging Employee from Taking Leave Can Violate FMLA Rights
A unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has ruled that an individual may still have a cognizable civil rights lawsuit even if his employer merely discouraged him, rather than formally denied him, from taking leave under the Family and Medical Leave Act (FMLA). In its lengthy opinion, the court clarified that workers need only show that their employers interfered with their Read More
CA Federal Judge Refuses to Dismiss Amazon Employee’s Work-at-Home Expense Reimbursement Suit
A California federal district court judge denied Amazon's motion to dismiss a unique proposed class action lawsuit over reimbursement for an employee's work-at-home-related expenses. The judge did dismiss a claim based on the Unfair Competition Law, but the aggrieved employee may amend this claim. David G. Williams, a senior software development engineer, filed his proposed class action and Private Attorneys Read More
DOL Releases Fact Sheet and FAQs on FMLA and Mental Health Conditions
The Department of Labor (DOL) has released Fact Sheet 280 and a series of Frequently Asked Questions (FAQs) on the Family and Medical Leave Act (FMLA) and mental health conditions. Required Leave Under FMLA FMLA requires covered employers to provide eligible employees up to 12 weeks of unpaid leave during a 12-month period for the following: Care for the serious health conditions of a spouse, child under Read More
