A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more
11/26/2024
/ Affordable Care Act ,
Breach of Duty ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Fiduciary Duty ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
Popular ,
Premiums ,
Surcharges ,
Tobacco ,
Wellness Programs
The Supreme Court just rejected an employer’s argument that a whistleblower needs to show the employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX), a federal law that protects...more
Does a fired whistleblower need to show their employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX)? The Supreme Court has been asked to review the standard of proof in such cases –...more
1/19/2024
/ Adverse Employment Action ,
Defense Strategies ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Standard of Proof ,
Whistleblower Protection Policies ,
Whistleblowers
Many people feel emboldened to publicly share their views on all sorts of controversial topics these days – politics, international relations, religion, culture, or any number of other incendiary areas where there are bound...more