The U.S. Department of Health and Human Services (HHS) published new guidance in January 2022 reaffirming the definition of sex discrimination under Section 1557 of the Affordable Care Act (ACA). HHS states that statutes prohibiting discrimination based on race, color, national origin, sex, age, or disability apply to all health programs or related activities receiving federal funding. More specifically, the HHS Read More
NJ Court Orders Judge to Undergo Mental Exam in Workplace Bias Suit
A U.S. magistrate judge for the U.S. District Court for the District of New Jersey granted the defendant’s request that Superior Court Judge Deborah M. Gross-Quatrone undergo an independent medical exam (IME) in her workplace discrimination claims against Bergen County Superior Court officials. The case is Deborah Gross-Quatrone v. Bonnie Mizdol et al., case number 2:17-cv-13111, U.S. District Court for the District Read More
CA Federal Judge Awards $20M to Class Attorneys in UnitedHealth ERISA Suit
A California federal magistrate judge has awarded over $20 million in attorney fees and costs to class counsel in its ERISA suit win over United Behavioral Health (UBH), a UnitedHealth Group unit. Although the magistrate judge slightly reduced their request, the award largely satisfied the class counsel's request for fees and costs. Justification of the Attorneys’ Fees and Costs Awards The court justified the Read More
Upcoming ERISA Cases for Benefits Attorneys to Monitor
Various ERISA cases are pending at the U.S. Supreme Court and lower federal courts that could significantly affect ERISA law. Here is an overview of the cases you may wish to monitor in the upcoming months. High Court Could Consider Challenge to State Automatic-IRA Programs California Secure Choice Retirement Savings Program, or CalSavers, requires California workers to have a portion of their earnings Read More
Outdoor Guide Cos. Continue Challenge to DOL Wage Rule at the 10th Circuit
An outdoor guide company and a trade association representing several such companies have filed suit challenging the authority of President Joe Biden through the U.S. Department of Labor (DOL) to implement a federal minimum wage hike for federal contractors. This wage increase would extend to guides and outfitters on federal lands. Duke Bradford, owner of Arkansas Valley Adventure LLC d/b/a AVA Rafting and Read More
See’s Candies Fails to Dismiss Worker Lawsuit Over Spouse’s Death from COVID
In See's Candies Inc. et al. v. Superior Court of California for the County of Los Angeles, filed in the Court of Appeal of the State of California, Second Appellate District, a California appeals court in early January 2022 refused to grant See's Candies Inc.’s demurrer in a case involving the death of an employee’s husband from the coronavirus. The lawsuit alleges that See’s insufficient safety protocols led to a Read More
FAQs About Consolidated Appropriations Act, 2021 Implementation: Federal Independent Dispute Resolution System, Notice and Consent, Applicability
The following are Frequently Asked Questions (FAQs) regarding the implementation of various components of the No Surprises Act (NSA) of Division BB of the Consolidated Appropriations Act, 2021 (CAA 2021). The FAQs also cover implementing regulations published in the Federal Register on July 13, 2021, as part of interim final rules with comment period, entitled “Requirements Related to Surprise Billing; Part I” and on Read More
HBL Expands of Counsel Ranks, ERISA Litigation Capabilities
ATLANTA, Feb. 15, 2022 /PRNewswire/ -- Serving employer plan sponsors and benefit service provider clients in 35 states, boutique ERISA and employment law firm Hall Benefits Law is proud to partner with the attorneys of Pridgen Bassett Law in a mutual Of Counsel arrangement. Pridgen Bassett Law, LLC Partners Nancy Pridgen and Leslie Bassett spent many years at Alston & Bird and King & Spalding representing Read More
EEOC Sues Georgia Company That Fired CFO Over His Depression
In Equal Employment Opportunity Commission v. Ranew's Management Co. Inc. et al., filed in the U.S. District Court for the Middle District of Georgia, the U.S. Equal Employment Opportunity Commission (“EEOC”) has alleged that a Georgia-based fabrication, coating, and assembly company illegally discriminated against its chief financial officer by firing him after he sought treatment for severe Read More
Good Faith Relief Ending for ACA Reporting Forms in 2022
As it relates to the Affordable Care Act (ACA) employer reporting process, good faith compliance is soon ending. Although the IRS provided some relief related to the deadlines for delivering ACA reporting forms to employees, it has reiterated what employers had feared: good faith relief is ending. Until now, every year since federal law has required ACA reporting forms, the IRS took the position that it would not Read More
