The U.S. Equal Employment Opportunity Commission (EEOC) does not require employers to report employees as nonbinary on the EEO-1 form. While the form contains separate boxes for employers to designate male and female employees, there is no such box to designate an employee as nonbinary. However, the EEOC specifies that employers should use the comments section on the EEO-1 form to report these employees if they Read More
Federal Court Upholds DOL’s Final ESG Rule for Plan Fiduciaries
A Texas federal judge recently upheld a U.S. Department of Labor (DOL) final rule concerning environmental, social, and governance (ESG) considerations in investment decisions by plan fiduciaries. Judge Matthew J. Kacmaryk found that the DOL’s ESG investing rule did not violate the Employment Retirement Income Security Act (ERISA). The ruling was unanticipated, as Judge Kacmaryk historically has struck down many Read More
Federal Court Tosses 401(k) Plan Mismanagement Suit Against Old Dominion
A federal court judge in North Carolina dismissed a lawsuit in which a former employee alleged that Old Dominion Freight Line had violated its fiduciary duty under ERISA by mismanaging its workers’ 401(k) plan. Specifically, ex-employee Harvey Davis claimed that Old Dominion failed to substitute cheaper investment funds for more expensive options, thus violating the duty of prudence under ERISA and failing to monitor Read More
Pensions Sue Fox Over False Reporting Creating Risk of Defamation Suits
Pension funds for New York City and Oregon state have sued Fox Corp. and its board of directors in Delaware State Court, claiming that they promoted false reporting, thus inviting defamation suits, to the detriment of shareholders. According to the pension funds’ complaint, Fox News fails to ensure that its political narrative broadcasts are based on facts or credible sources. Unlike other media companies, it Read More
Court Rules Plan’s Use of Comparable Medical Necessity Treatment Limitations for Medical and Mental Health Claims Complies with MHPAEA
In L.D. v. United Healthcare Insurance, 2023 WL 4847421 (D. Utah 2023), a group health plan participant sued the plan and its insurer after receiving a denial of coverage for her child’s residential treatment as not medically necessary. The plan participant claimed that the denial of her claim violated the Mental Health Parity and Addiction Equity Act (MHPAEA) in that the plan applied the "medically necessary" Read More
DC Circ. Reviews NLRB Order in Rite Aid Labor Violation Dispute
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit recently heard oral arguments over whether the National Labor Relations Board (NLRB) properly found that Rite Aid violated labor laws in unilaterally imposing a bargaining proposal concerning employee health care coverage. The appellate court also considered whether the NLRB acted appropriately in ordering Rite Aid to contribute to a union’s health Read More
10th Circuit Rules PBMs Subject to ERISA, Preempting State Law Restrictions
The U.S. Court of Appeals for the Tenth Circuit recently issued a decision in Pharmaceutical Care Management Association (PCMA) v. Mulready, which many see as a significant win for pharmacy benefit managers (PBMs) and self-funded health plans. In its decision, the Tenth Circuit held that PBMs are subject to ERISA, thus preempting state law restrictions on PBMs. PCMA filed suit to challenge certain provisions of Read More
DOL Proposes New FLSA Overtime Salary Threshold
The U.S. Department of Labor (DOL) has proposed increasing the annual salary threshold for white collar employee exemptions to overtime under the Fair Labor Standards Act (FLSA). Under the DOL proposal, the overtime salary threshold would increase from $35,568 to $55,068, with automatic increases every three years. The revised standard would apply to all fifty states and U.S. territories, except American Read More
D.C. Federal Court Judge Dismisses 401(k) Provider’s Challenge to DOL Cryptocurrency Guidance
A D.C. federal court judge dismissed a 401(k) provider’s lawsuit challenging the U.S. Department of Labor’s (DOL) guidance concerning cryptocurrency investments. In his ruling, the judge found that DOL guidance was not subject to judicial review, and the 401(k) provider lacked standing to file suit. However, the judge also found that the relief the 401(k) provider requested, or invalidation of the DOL guidance and an Read More
EEOC Adopts Strategic Plan for Fiscal Years 2022 – 2026
The U.S. Equal Employment Opportunity Commission (EEOC) has announced the adoption of its strategic plan to cover fiscal years 2022 – 2026. The main focus of the new strategic plan is to increase public access to the EEOC and increase resources for agency investigations. In its strategic plan, the EEOC plans to devote additional resources to training staff to identify, investigate, and enforce systemic Read More
