A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would...more
9/29/2017
/ Arbitration ,
Barack Obama ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Murphy Oil v NLRB ,
Popular ,
Tip Credit ,
Tip-Pooling ,
Trump Administration ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On August 22, 2017, the U.S. District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission’s (“EEOC”) regulations defining what incentives an employer may use to promote participation...more
8/28/2017
/ AARP ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Information Reports ,
Medical Examinations ,
Wellness Programs
On December 12, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a new resource document emphasizing that, under the Americans with Disabilities Act of 1990 (“ADA”), job applicants and employees with mental...more
Employers in the health care industry are likely to face significant changes under President-elect Donald J. Trump’s administration and should expect a healthy dose of uncertainty for the next few months. During his campaign,...more
12/7/2016
/ Affordable Care Act ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
Hiring & Firing ,
Non-Discrimination Rules ,
OCR ,
Patient Privacy Rights ,
Trump Administration ,
Unions ,
Vaccinations
A Publication from Epstein Becker Green and The ERISA Industry Committee -
Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update...more
11/23/2016
/ 401k ,
Americans with Disabilities Act (ADA) ,
Article III ,
Berkshire Hathaway ,
Class Action ,
Defined Contribution Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
Investment ,
Mental Health ,
Mergers ,
Pensions ,
Preemption ,
Retirement Plan ,
Safe Harbors ,
Standing ,
Wellness Programs
As our colleagues reported earlier this month, on May 18, 2016, the U.S. Department of Health and Human Services (“HHS”) issued a final rule titled “Nondiscrimination in Health Programs and Activities” (“Final Rule”)...more
Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”). The Update is a publication which provides four primary...more
7/14/2016
/ Americans with Disabilities Act (ADA) ,
De-Risking ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Preemption ,
Safe Harbors ,
Wage and Hour ,
Wellness Programs
On May 17, 2016, the Equal Employment Opportunity Commission (“EEOC”) published in the Federal Register its final rule setting forth the EEOC’s interpretation of the extent to which employers may use incentives to encourage...more
A Publication from Epstein Becker Green and The ERISA Industry Committee
Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update...more
3/24/2016
/ Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
CIGNA v Amara ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
NC Board of Dental Examiners v FTC ,
Safe Harbors ,
SCOTUS ,
Telehealth ,
Wage and Hour ,
Wellness Programs ,
Yard Man ,
Zubik v Burwell
Message from ERIC President and CEO Annette Guarisco Fildes:
Welcome to the Fall edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm of Epstein Becker &...more
Welcome to the new, rejuvenated version of the Benefits Litigation Update, which we bring you jointly with the law firm of Epstein Becker Green. Our goal is to provide a concise and, we hope, insightful glimpse into recent...more
7/27/2015
/ 401k ,
Affordable Care Act ,
Benefit Plan Sponsors ,
Dave & Buster's ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employer Mandates ,
Equitable Relief ,
Fiduciary Duty ,
Health Insurance ,
Preemption ,
Telehealth
In a case that has implications for every employer and respondent on each charge in which the Equal Employment Opportunity Commission (“EEOC”) finds reasonable cause to support the allegations, the U.S. Supreme Court...more
On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more
4/20/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Covered Entities ,
Disability ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
PHI ,
Proposed Regulation ,
Screening Procedures ,
Wellness Programs
Perhaps never before have employers faced so many challenges when it comes to health care issues affecting their workforce. Congress may try to amend the Affordable Care Act (“ACA”). The Supreme Court of the United States is...more
2/26/2015
/ Affordable Care Act ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Flexible Spending Accounts ,
GINA ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Savings Accounts ,
Individual Mandate ,
Preexisting Conditions ,
SCOTUS ,
Tax Credits ,
Telehealth ,
Telemedicine ,
Wellness Programs
Despite promulgating a paucity of guidance on what constitutes a “voluntary medical exam” under the Americans with Disabilities Act (“ADA”), on October 27, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”)...more
The Ebola virus disease (“Ebola”) has become a worldwide threat, which, among many other effects, has forced employers to think about how to protect their employees. Employers also must consider how Ebola might impact...more
On August 29, 2014, two whistleblower developments of particular interest to health care and life science entities emerged from the Securities and Exchange Commission ("SEC") and the Eighth Circuit Court of Appeals,...more
In its "Strategic Enforcement Plan for FY 2013-2016," the federal Equal Employment Opportunity Commission ("EEOC" or "Agency") identifies "Preserving Access to the Legal System" as one of its six core priorities. The Agency...more
6/6/2014
Employers attempting to manage corporate compliance programs while balancing privacy concerns and whistleblower protections might find a certain irony, perhaps empathy, in the Obama administration's recent petition for U.S....more
3/7/2014
/ CFTC ,
Confidentiality Agreements ,
Dodd-Frank ,
Lawson v FMR ,
NTSA ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Separation Agreement ,
Training ,
Transportation Security Administration ,
Whistleblower Protection Policies
For the past several years, the health care community has been not only at the center of vigorous policy debates about the method of health care delivery in this country, but also in the crosshairs of agencies charged with...more
It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more
12/19/2013
/ Accessibility Rules ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Class Action Arbitration Waivers ,
Confidentiality Agreements ,
Contract Drafting ,
Department of Justice (DOJ) ,
Disability Access Claims ,
Disability Discrimination ,
Discrimination ,
Dispute Resolution ,
Employee Benefits ,
Employee Rights ,
Employer Group Health Plans ,
Employer Healthcare Costs ,
Employer Liability Issues ,
Exempt-Employees ,
Independent Contractors ,
Internet ,
Labor Disputes ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Exempt Employees ,
Payroll Taxes ,
Penalties ,
Reasonable Accommodation ,
Wage and Hour
The Financial Alignment Initiative of the Centers for Medicare & Medicaid Services ("CMS") is a test program designed to better coordinate care for dual Medicare-Medicaid enrollees by aligning the financing of Medicare and...more
On May 15, 2013, the Equal Employment Opportunity Commission ("EEOC") updated its prior guidance regarding cancer, diabetes, epilepsy, and intellectual disabilities, so as to clarify employers' obligations under the Americans...more
7/11/2013
/ Americans with Disabilities Act (ADA) ,
Cancer ,
Compliance ,
Department of Transportation (DOT) ,
Disability ,
DSM ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Healthcare ,
Obesity ,
Supervisors
In reaction to employers' concerns about the many difficulties posed in efforts to comply with the Employer Mandate provisions of the Affordable Care Act ("ACA"), the Obama administration ("Administration") announced late...more
A recent settlement agreement between the United States Department of Justice ("DOJ") and Lesley University in Cambridge, Massachusetts explicitly extends the protections of the Americans with Disabilities Act ("ADA") to...more