The U.S. Department of Labor (DOL) recently published its spring regulatory agenda containing a tentative date of October 2022 for a proposed overtime rule. The proposed rule will advise businesses on implementing the exemption of bona fide executive, administrative, and professional employees from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). Although the specifics of the Read More
Employee Benefit Plans Feel the Impact of Supreme Court Abortion Ruling
In Dobbs v. Jackson Women’s Health Org., the U.S. Supreme Court upheld the constitutionality of Mississippi’s Gestational Age Act, which prohibits abortions after 15 weeks of pregnancy, with limited exceptions. A federal trial court and the U.S. Court of Appeals for the Fifth Circuit had found the Act to be unconstitutional based on the Supreme Court’s rulings in Roe v. Wade, 410 U.S. 113 (1973) and Planned Read More
Texas Court Rules NFL Retirement Plan Violated ERISA
A federal judge in Texas found that the NFL player retirement plan violated the Employee Retirement Income Security Act (ERISA) when it denied Michael Cloud, a former running back and Super Bowl Champion, placement in a higher benefits classification. The case is Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan, case number 3:20-cv-01277, U.S. District Court for the Northern District of Texas. The Read More
State Health Plan Violates Title VII in Barring Transgender Care
A federal district court judge in North Carolina has ruled that the North Carolina State Health Plan for Teachers and State Employees constitutes sex discrimination under Title VII of the Civil Rights Act and the U.S. Constitution in barring coverage for treatment related to gender dysphoria and transition. In her ruling, U.S. District Court Judge Loretta Biggs permanently enjoined the state health plan from Read More
IRS Provides Special Tax Relief for Leave Donations to Victims of Russian Invasion of Ukraine
On May 19, 2022, the IRS issued Notice 2022-28, which provides special tax relief for employers that set up leave-based donation programs to aid victims of the further Russian invasion of Ukraine. Leave-based donation programs involve employees who give up their vacation, sick, or personal leave time in exchange for their employers giving cash donations to a chosen charitable cause. The typical concerns about Read More
New Florida Law Protects Employers That Aid Independent Contractors in Emergencies from Misclassification Claims
Florida employers that utilize independent contractors now can assist them during declared emergencies without fear of employee misclassification claims. Florida Governor Ron DeSantis recently signed Senate Bill 542 into law, which offers legal protection for businesses in this situation. The law prevents employers' actions concerning their independent contractors from being used as evidence to establish an Read More
Supreme Court Refuses Delayed Arbitration Request in Overtime Claim
In the unanimous opinion titled Morgan v. Sundance, Inc., No. 21-328 (May 23, 2022), the U.S. Supreme Court refused to send an overtime claim to arbitration when Sundance, Inc., failed to ask the court to compel arbitration until eight months after the lawsuit was filed. The high Court also rejected a finding by the lower courts that there could be no waiver of arbitration unless the plaintiff could show prejudice in Read More
Cal/OSHA Releases Revised Draft of Workplace Violence Prevention Regulation
The California Division of Occupational Safety and Health (Cal/OSHA) released a revised workplace violence prevention regulation draft. If Cal/OSHA adopted the regulation, it would become a part of the General Industry Safety Order (GISO) of the California Code of Regulations. Cal/OSHA seeks interested parties to submit written comments on the draft no later than July 18, 2022. Changes to Definitions Some of Read More
Aetna Settles ERISA Suit Over Underpaid and Unpaid Mental Health and Substance Abuse Treatment Claims
Aetna Life Insurance Company (Aetna) has settled an ERISA claim with a woman who claimed that it underpaid or failed to pay claims related to her mental health care and substance abuse disorder treatment. The parties reached a settlement agreement several months after a federal district court granted partial summary judgment in favor of the plan beneficiaries, finding that Aetna had violated the terms of the health Read More
Officer’s Retaliation, Discrimination Claims Dismissed
In See v. Illinois Gaming Board, No. 19-2392 (March 21, 2022), the U.S. Court of the Appeals for the 7th Circuit upheld the lower court’s grant of summary judgment to the Illinois Gaming Board on a former law enforcement officer’s claims of First Amendment retaliation or disability discrimination. The gaming board had placed the officer on administrative leave after he showed signs of paranoia and other irrational Read More
