The U.S. Court of Appeals for the Ninth Circuit recently joined four other circuit courts of appeals in ruling that an employer need not seek second or third medical opinions before contesting a doctor’s certification of a serious health condition under the Family and Medical Leave Act (FMLA). The case is Perez v. Barrick Goldstrike Mines Inc., 9th Circuit, No. 23-15043 (June 28, 2024), petition for panel rehearing Read More
Employers May Not Require Permanent Telework as a Reasonable Accommodation
The U.S. Court of Appeals for the D.C. Circuit recently ruled that an employer may not require an employee to telework from home as a reasonable accommodation for their disability when the employee would rather work in person. The case is Ali v. Regan, D.C. Cir., No. 22-5124 (Aug. 9, 2024). The plaintiff worked as an economist for the U.S. Environmental Protection Agency (EPA). He suffered from severe allergies, Read More
Court Confirms Surprise Billing IDR Award to Air Ambulance Provider
A Florida federal district court has upheld an independent dispute resolution (IDR) award to an air ambulance provider under the No Surprises Act (NSA) that Congress enacted as part of the Consolidated Appropriations Act, 2021. The air ambulance provider transported a patient from the Dominican Republic to Florida. Thereafter, the provider sought reimbursement from a company licensed to cover travel health insurance Read More
2nd Circ. Considers New Trial Request in Yale Retirement Fee Battle
The U.S. Court of Appeals for the Second Circuit zeroed in on potential defects in jury instructions as it heard oral arguments in an appeal of a class action lawsuit against Yale University, signaling that it may order a new trial. Employees alleged that Yale violated its fiduciary duty under ERISA by mismanaging their retirement plan. Although the jury found that Yale had violated its fiduciary duty and caused a Read More
NLRB Issues Statement on Increased Worker Organizing Rates
Julie Su, Acting Director of the National Labor Relations Board (NLRB), recently announced that union petitions in American workplaces have more than doubled in fiscal year (FY) 2024 as compared to FY 2021. The number of petitions is up 27% in FY 2024, when the NLRB received 3,286 petitions, from FY 2023, when the NLRB received 2,593 petitions. Su pointed to the failed economic policies of the past as the impetus Read More
Federal Agencies Issue Final Mental Health Parity Rules
The U.S. Department of Labor (DOL), the U.S. Department of Health and Human Services (HHS), and the Department of Treasury recently issued final rules under the Mental Health Parity and Addiction Equity Act (MHPAEA). The final rules focus on nonquantitative treatment limitations (NQTLs), and the comparative analysis requirement established in the CAA, 2021. These rules provide new definitions, revise existing Read More
DOL Issues Updated Cybersecurity Guidance, Confirms It Applies to All Employee Benefit Plans
The U.S. Department of Labor’s (DOL’s) Employee Benefits Security Administration (EBSA) has issued DOL Compliance Assistance Release No. 2024-01. This compliance assistance release confirms that the agency’s 2021 updated guidance on cybersecurity applies to all employee benefits plans, including all health and welfare plans and retirement plans. EBSA has specifically updated its cybersecurity guidance, which Read More
SEC May Act Due to Court Rulings Invalidating DOL Fiduciary Regulations
The Investor Advisory Committee (IAC) of the U.S. Securities and Exchange Commission (SEC) recently held a public hearing featuring a panel discussion on investment advice. Established by the 2010 Dodd-Frank Act, the IAC recommends regulatory actions to the SEC. After the public hearing, various IAC committee members expressed a willingness to recommend that the SEC take action to clarify fiduciary investment Read More
CA Appellate Court Revives Age Discrimination Claim Following RIF
The California Court of Appeals recently found that a reduction in force (RIF) is not necessarily a sufficient reason to terminate an older worker. As a result, the Court revived a former Pacific World Corp. customer service manager’s age discrimination claim under the California Fair Employment and Housing Act (FEHA). However, the Court affirmed the dismissal of the remaining two claims -- disability discrimination Read More
Handling Workplace Incivility in Virtual Channels
Whether employees work in the office or remotely, most communications take place via email, Slack, Zoom, Teams, and similar virtual collaborative programs. However, uncivil behavior is increasingly permeating online communications and seems to occur more frequently than in person, leading to a toxic workplace atmosphere. Increased virtual hostility stems from online disinhibition, a phenomenon in which people feel Read More
