The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) has issued a final rule adopting amendments to the Investment Duties regulation under Title I of the Employee Retirement Income Security Act (ERISA). These amendments, which become effective on January 30, 2023, change certain amendments to the Investment Duties regulation adopted in 2020 and are part of the Biden Read More
OSHA Expands Criteria for Severe Violator Enforcement Program
The Occupational Safety and Health Administration (OSHA) has announced that it is revamping its Severe Violator Enforcement Program (SVEP) to include more criteria that may cause employers to be placed on the list. Two repeat violations at one site can qualify an employer for inclusion in the SVEP. As a result, more employers will be at increased risk of being dubbed a “severe violator,” increasing the need for Read More
Prohibited Transaction Exemption 2002-51 to Permit Certain Transactions Identified in the Voluntary Fiduciary Correction Program
The Employee Benefits Security Administration (EBSA) has published a proposed amendment to Prohibited Transaction Exemption (PTE) 2002-51. In conjunction with the proposed amendment, the U.S. Department of Labor (DOL) published an amendment statement of its Voluntary Fiduciary Correction Program (VFCP). Comments on the proposed rule are due by January 20, 2023. PTE 2002-51 exempts certain transactions identified Read More
Tenth Circuit Upholds Summary Judgment Ruling for United Airlines in FMLA Suit
A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, hearing the appeal of an ex-United Airlines employee in an FMLA suit, has upheld the lower court’s summary judgment, ruling in favor of the employer. In its majority opinion, the appellate court ruled that the Utah district court correctly determined that a supervisor's alleged bias against the former employee could not be attributed to United. Read More
Honda Seeks to Recoup Overpaid Bonuses from Employees
An Ohio Honda factory and an Oregon health system recently discovered that they inadvertently had overpaid their employees. Whereas Honda chose to pursue recoupment of the bonuses that it overpaid to an unknown number of its nearly 4,000 employees, St. Charles Health System of Bend, OR, ultimately dropped its demand for reimbursement of the overpaid funds after objections from workers and unions. The Honda Read More
HHS Issues Proposed Rule Changing HIPAA Standards for Certain Electronic Pharmacy-Related Transactions
The U.S. Department of Health and Human Services (HHS) has issued a proposed rule that would update HIPAA’s electronic transaction standards regarding some retail pharmacy transactions related to healthcare claims. The affected retail pharmacy transactions include health care claims or equivalent encounter information, eligibility for a health plan, referral certification and authorization, and coordination of Read More
SPEAK Out Act Invaliding NDAs in Sexual Harassment Cases Advances in Senate
The SPEAK Out Act (S.4524), which has drawn rare bipartisan and bicameral support, despite being decidedly pro-worker, has passed both the Senate and House. The bill now has landed on President Joe Biden’s desk and is awaiting his signature. Democrats Kirsten Gillibrand of New York and Mazie Hirono of Hawaii and Republicans Lindsey Graham of South Carolina and Marsha Blackburn of Tennessee sponsored the bill. The Read More
10th Circ. Appears Unreceptive to UnitedHealth Arguments in ERISA Mental Health Benefits Claim
A panel of the U.S. Court of Appeals for the Tenth Circuit recently heard oral arguments in the case of K. et al. v. United Behavioral Health et al., case number 21-4088. The judges appeared skeptical of United Behavioral Health’s challenge to the district court's 2021 ruling. That court found that United and an Alcatel-Lucent employee medical plan violated the ERISA by denying inpatient mental health treatment Read More
Employers Face Legal Risks in Protecting Abortion Access for Workers
After the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health, which allows states to ban abortion, many employers vowed to protect abortion access for their workers. Some employers took action to adjust their health plans, and others promised workers that they would still be able to obtain abortions, even in states where it is illegal, by providing financial support for out-of-state travel or other Read More
Understanding the Pros and Cons of Open and Structured Leave Policies
During the COVID-19 pandemic, the switch to remote work for many businesses led employees to work extended hours, particularly on weekends. As a result, workers also took fewer allotted vacation days, which led to a great deal of stress for workers. In the post-pandemic era, that trend is starting to change. This change is a positive development for workers, particularly when their employers encourage workers to Read More
