IRS Updates FAQs on ARPA-Related Paid Sick and Family Leave Tax Credits

On July 29, 2021, the IRS updated its FAQs on the paid sick and family leave tax credits under the American Rescue Plan Act of 2021 (ARPA). The updated FAQs now include wages paid for leave taken by workers who accompany individuals to COVID-19 vaccination appointments and those who care for individuals recovering from any COVID-19 vaccine-related illness. Following are the FAQs updated by the IRS on paid sick and Read More

WARN Act Violation Prompts Lawsuit Against WV Coal Mine

The United Mine Workers of America (UMWA) has filed suit against Cornerstone Labor Services for failure to give adequate notice of a mass layoff at its West Virginia Coal Mountain Mine in violation of the federal Worker Adjustment and Retraining Notification Act (WARN), which requires employers to give 60 days’ advance notice of a mass layoff or plant closing. The UMWA filed the suit on behalf of Local Union 8783, Read More

U.S. Women’s Soccer Team Asks Ninth Circuit to Reinstate Equal Pay Claim

On July 23, 2021, the U.S. Women’s National Soccer Team (USWNT) filed an appeal with the Ninth Circuit to revive their unequal pay claim against the U.S. Soccer Federation (USSF) that was dismissed by a California federal judge in May 2020. The case - Alex Morgan, et al v. United States Soccer Federation - was brought under Title VII of the Civil Rights Act and the Equal Pay Act. The women soccer players claimed Read More

Lumber Liquidators to Pay $7M to Settle Class Action Overtime Claims

Parties in a class action lawsuit against Lumber Liquidators have asked a New York court to approve a settlement deal of approximately $7 million to resolve any state and federal wage claims by workers who allege the flooring retailer denied them overtime pay by misclassifying them as exempt. In Ashleigh Mason et al. v. Lumber Liquidators, a group of former and current Lumber Liquidators store managers and store Read More

Healthcare Worker Sues Hospital for Not Hiring Him Because of Medical Marijuana Use

An Arkansas healthcare worker has sued a hospital for withdrawing its employment offer after learning that the prospective employee uses medical marijuana, which is legal in Arkansas.  In Balance Reed v. Northwest Arkansas Hospitals LLC, plaintiff Reed is seeking class action status against Northwest Arkansas Hospitals, LLC (NWAH), which operates several hospitals in the state, including Northwest Medical Read More

Georgia Court of Appeals Rules Worker Injured on Break Entitled to Workers’ Compensation Benefits

The Georgia Court of Appeals has ruled that an employee injured in a slip-and-fall accident on the way to her employer’s parking lot during her lunch break qualifies for Georgia workers’ compensation benefits. The decision reverses the court’s prior rulings due to a June 2020 Georgia Supreme Court holding that injuries suffered during lunch or bathroom breaks are considered to have occurred in the course of Read More

More Litigation Coming Over Vaccine Mandates

One of the first lawsuits to be filed over vaccine mandates was dismissed in June by a Texas district court that found limits on employee behavior is “part of the bargain” of employment. The suit challenged Houston Methodist Hospital’s vaccine mandate after the hospital suspended 178 employees for failing to meet the vaccination deadline.  In their claim, Houston Methodist employees argued that taking the vaccine Read More

Are Captives An Equalizer for Small Employer Health Plan Cost Mitigation?

One of the first lawsuits to be filed over vaccine mandates was dismissed in June by a Texas district court that found limits on employee behavior is “part of the bargain” of employment. The suit challenged Houston Methodist Hospital’s vaccine mandate after the hospital suspended 178 employees for failing to meet the vaccination deadline.  In their claim, Houston Methodist employees argued that taking the vaccine Read More

District Court Ruling Sidesteps Trump-Era Regulations in Favor of Expansive Application of ACA Section 1557 Nondiscrimination Requirements

A federal district court in West Virginia has ruled that an anti-discrimination lawsuit against a health insurer can proceed because the insurer accepts federal funding, making it accountable under the Affordable Care Act’s (ACA) Section 1557 that prohibits discrimination under “any health program or activity, any part of which is receiving federal assistance, including credits, subsidies, or contracts of Read More

Departments Issue Interim Final Rule on Surprise Billing Ban

On July 1, 2021, the U.S. Departments of Health and Human Services, Labor, and Treasury (“the Departments”), and the Office of Personnel Management issued Requirements Related to Surprise Billing; Part I, an interim final rule (IFR) that will restrict excessive out of pocket costs to consumers from surprise billing and balance billing.  Among other provisions, the interim final rule: Bans surprise billing for Read More