In April Hughes et al. v. Northwestern University et al., the defendant, Northwestern University (“Northwestern”) urged the U.S. Supreme Court to uphold the Seventh Circuit’s ruling that ended the lawsuit claiming the school permitted its retirement plans to pay exorbitant fees. Northwestern claims that the Court would encourage "judicial micromanagement" of retirement plan fees and have a detrimental impact on such Read More
DOL Issues Proposed Regulations Regarding ESG Factors
Soon after taking office, President Biden issued an executive order requiring federal agencies to review policies or regulations issued by the prior administration that were inconsistent with the new Administration’s climate change, health, and labor policies. In October 2021, the Department of Labor (DOL) completed its review and published proposed rules (the “Proposed Regulations”) that would significantly Read More
NY Governor Signs Law Mandating Auto-IRA Program for Some Workers
In November, New York Governor Kathy Hochul signed legislation passed by the New York legislature in June, whereby private business enterprises must enroll employees in the state auto-IRA program if the business itself doesn't offer a retirement plan. Unless employees opt out, businesses must enroll them in the state program. The measure (S.5395-A/A.3213-A) is effective immediately and automatically enrolls employees Read More
EEOC Issues Updated Guidance on Employer Vaccine Incentives
The Equal Employment Opportunities Commission (EEOC) recently updated its guidance regarding COVID-19-related compliance for various federal employment nondiscrimination laws. The EEOC had previously issued guidance on coronavirus compliance issues under certain laws, including the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The revised guidance reveals that Read More
The EEOC Settles $1M Case with Chicago Meat Plant Over Racial Discrimination Claims
An Illinois meat processing plant, the Chicago Meat Authority Inc. (“CMA”), and the U.S. Equal Employment Opportunity Commission (EEOC) recently agreed to settle a three-year-old lawsuit filed in an Illinois federal court. The agency claimed that CMA had a recurring practice where it bypassed Black job applicants for almost a decade and subjected Black employees to racial slurs and harassment. In U.S. Equal Read More
Federal Government Proposes Ending Preferential Contracts for Subminimum Wages
The Biden administration issued a notice of proposed rulemaking for ending certain preferential contracts with nonprofits that employ blind or seriously disabled workers. The nonprofits involved in these contracts have traditionally benefitted from a law that allows them to pay blind or seriously disabled employees less than the standard minimum wage. In addition, President Biden called for a phaseout of the program Read More
Feds Release Regulations for The No Surprises Act – Part II
In the early fall of 2021, the Department of Health and Human Services (HHS), the Department of Labor, and the Department of the Treasury (collectively the “Departments”), along with the Office of Personnel Management (“OPM”), released “Requirements Related to Surprise Billing, Part II,” its second interim final rule (the “IFR” or “Rule”) related to implementing provisions of the No Surprises Act. The regulations in Read More
The Latest on HIPAA Privacy and COVID-19 Vaccinations
The Department of Health and Human Services (“HHS”) stated that the HIPAA Privacy Rules do not prohibit covered entities and business associates from asking whether an individual has received a COVID-19 vaccine. The HHS explained the rule in a series of Qs & As. The HIPAA Privacy Rule (the “Privacy Rule: or “Rule”) exists to protect individuals’ medical records and other protected health information (“PHI”) by Read More
Biden Administration Ends Worksite Immigration Raids
The Biden administration recently announced that the federal government would stop raiding workplaces to arrest undocumented workers. This ends the former administration’s policy, which the Biden Administration claimed was used by "exploitative employers to suppress and retaliate against workers' assertion of labor laws." This ends what U.S. Department of Homeland Security (“DHS”) Secretary Alejandro Mayorkas Read More
New FAQ Addresses Vaccine Coverage, Incentives, And Vaccine-Based Exclusions
As the result of a joint effort, the Departments of Labor, Health and Human Services, and the Treasury (the “Agencies”) released a new FAQ entitled, “Affordable Care Act Implementation Part 50, Health Insurance Portability and Accountability Act and Coronavirus Aid, Relief, and Economic Security Act Implementation.” The FAQ addresses rapid coverage of preventive services for COVID-19 and vaccine incentives. They are Read More
