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
DOL Ramps Up Retirement Plan Cybersecurity Policy Investigations
Reports continue to come in concerning an increasing number of DOL requests made to plan sponsors asking for all cybersecurity and information security program policies, procedures and guidelines that relate to retirement plans, whether applied by the plan sponsor or by a provider, as well as detailed documentation of specific actions taken by the plan’s fiduciaries and providers, including many that the DOL Read More
Biden Issues Executive Order on Federal Workforce Diversity
On June 25, 2021, President Biden issued an Executive Order on Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce, stating that the federal government “must be a model for diversity, equity, inclusion, and accessibility, where all employees are treated with dignity and respect.” The Order charges the Office of Personnel Management and the Office of Management and Budget with leading efforts to Read More