As announced in our previous HR Law Talk blog post, on January 15, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) published a much anticipated amended and restated version of the...more
Yesterday, the U.S. Department of Labor (DOL) published in the Federal Register an updated version of the Voluntary Fiduciary Correction Program (VFCP) under Title I of ERISA. Per the DOL, VFCP “is designed to encourage...more
On June 28, 2024, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce (Loper Bright), overturning Chevron U.S.A. Inc v. Natural...more
8/22/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Final Rules ,
Gender Identity ,
Government Agencies ,
Investment Adviser ,
Loper Bright Enterprises v Raimondo ,
Mental Health Parity Rule ,
MHPAEA ,
Regulatory Authority ,
SCOTUS ,
Section 1557 ,
Statutory Authority ,
Statutory Interpretation
Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations.
Just over a month later, there have now been three key developments with respect to that...more
5/17/2024
/ Affirmative Defenses ,
Affordable Care Act ,
Bostock v Clayton County Georgia ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Employee Benefits ,
Employees ,
Employer Group Health Plans ,
Employer Liability Issues ,
Final Rules ,
Gender Discrimination ,
Gender Dysphoria ,
SCOTUS ,
Section 1557
By December 31, 2023, group health plans and health insurance issuers must submit an attestation to certify compliance with the “gag clause prohibition” under the Consolidated Appropriations Act of 2021 (CAA)....more
Breaking news: On September 19, 2023, the Oklahoma Attorney General filed a Petition for En Banc Rehearing, challenging the Tenth Circuit panel’s decision in this case and requesting a rehearing before the full Tenth Circuit...more
On July 25, the Department of Labor, Department of the Treasury, and Department of Health and Human Services (the Departments) released new Proposed Rules (Proposed Rules) that clarify certain requirements imposed by the...more
8/17/2023
/ Benefit Plan Sponsors ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Enforcement ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
Proposed Rules ,
U.S. Treasury
As part of the federal government’s response to the COVID-19 pandemic, the Internal Revenue Service (IRS), the Employee Benefits Security Administration (EBSA), and Pension Benefit Guaranty Corporation (PBGC) have recently...more
This set of FAQs is part of a series dealing with the impact of COVID-19 on businesses. Government-mandated protocols and social distancing directives as a result of the COVID-19 pandemic have led to significant business...more
4/1/2020
/ 401k ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Furloughs ,
Hardship Distributions ,
Investment Adviser ,
IRS ,
PBGC ,
Popular ,
Retirement Plan ,
Vesting
This set of FAQs is part of a series dealing with the impact of COVID-19 on businesses. Government-mandated protocols and social distancing directives as a result of the COVID-19 pandemic have led to significant business...more
3/29/2020
/ Affordable Care Act ,
COBRA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Layoffs ,
Reduction in Hours