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Mental Health Employer Liability Issues

Fisher Phillips

Maine’s Highest Court Narrows Scope of Continuing Violation Doctrine in Discrimination Claims

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The Maine Supreme Judicial Court just handed employers a win by narrowing the application of the “continuing violation” doctrine in discrimination claims under the state’s primary anti-bias law. This doctrine permits...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Littler

The Parity Paradox: MHPAEA Compliance for Employers and Insurers During the 2024 Enforcement Pause

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The U.S. Departments of Labor, Health and Human Services, and Treasury have announced that they will pause enforcement of the 2024 Mental Health Parity and Addiction Equity Act (MHPAEA) Final Rule (the “2024 Final Rule”) for...more

Venable LLP

Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

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Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless...more

FordHarrison

EntertainHR: What SNL Can Teach Us About Employee Retention

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Last month, comedians spanning five decades gathered to celebrate one of TV’s longest running shows, Saturday Night Live’s 50th anniversary. Fifty years is quite a remarkable accomplishment, considering shows rarely last...more

Seyfarth Shaw LLP

Report From Final Day of the 2025 ABA OSHA/MSHA Law Conference

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The final day of the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting began with a panel discussion on mental health, behavioral issues, and workplace violence. Many employers and practitioners...more

Fox Rothschild LLP

Preparing for a TikTok Ban: What Employers Should Do to Ensure Access to Crucial Information Before It Disappears

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In recent years, TikTok has become a widely used platform for communication and content sharing, boasting nearly 2 billion users globally and 170 million active users in the U.S. alone. And while other social media platforms...more

Littler

New York Significantly Expands Workers’ Compensation Coverage for Work-Related Stress Claims

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On December 6, 2024, Governor Kathy Hochul signed new legislation, S.6635/A.5745, to support employees facing job-related mental health issues. The law, which went into effect on January 1, 2025, will allow any employee to...more

McDermott Will & Emery

Complying With the ‘Relevant Data’ Requirement Under the Final 2024 Mental Health Parity and Addiction Equity Act: A Proposal for...

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The Mental Health Parity and Addiction Equity Act (MHPAEA) generally requires group health plans and health insurance issuers to ensure that financial requirements (such as copays and deductibles), quantitative treatment...more

DLA Piper

Global Employment Trends and What's Ahead: 2024 in Review and 2025 Preview

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Global employers are preparing for changes to the labor and employment landscape in 2025, including evolving employee expectations about the role of work in their lives, increasing regulation, growing use of generative AI,...more

McDermott Will & Emery

Employee Benefit Plans: Important Considerations for Year-End and 2025

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For calendar-year plans, the 2025 plan year is right around the corner. And even for non-calendar-year plans, January 1, 2025, is a key implementation date for certain plan features. This is the ideal time for plan sponsors...more

FordHarrison

The U.S. Mental Health Crisis – Neurodivergent Employees

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This article is a continuation of a series of Alerts providing guidance for employers on handling mental health issues in the workplace and specifically addresses issues that relate to neurodiversity and employees who...more

Woodruff Sawyer

Workplace Stress Claims: The Intersection of Workers’ Compensation and Employment Practices

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In response to the rise in mental health issues, there has been an increase in legislation to expand eligibility for workers' compensation (WC) benefits. Employees file stress-related claims for various reasons, such as...more

Stinson LLP

From Field to Firm: Lessons for Lawyers from Athletes' Mental Health Playbook

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Both athletes and lawyers operate in intense environments where performance is paramount. Athletes are trained to cope with stress through mental conditioning and performance strategies. In contrast, the legal field has...more

Mitratech Holdings, Inc

Psychological Safety Boosts Your Bottom Line

Empowering Your Employees Creates a Win-Win - Imagine a workplace where employees feel secure enough to voice their ideas, share their concerns, and engage openly without the fear of negative repercussions — sounds like a...more

Littler

Ontario, Canada Court Orders Independent Medical Examination of Employee Claiming Indefinite Inability to Mitigate Due to Mental...

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Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because...more

Verrill

Final Mental Health Parity Rule Spells Compliance Changes

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The long-anticipated final rule under the Mental Health Parity and Addiction Equity Act (MHPAEA) was published on September 9, 2024. The MHPAEA prohibits group health plans that provide mental health and substance use...more

Epstein Becker & Green

Final Mental Health Parity Rules Released: Next Steps for Employers

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On September 23, 2024, the U.S. Departments of Health and Human Services, Labor, and the Treasury (collectively, the “Departments”) issued a final rule (“Final Rule”) implementing amendments made by the Consolidated...more

Spilman Thomas & Battle, PLLC

Fourth Circuit Determines that Internal Complaint May Support Claim for Wrongful Discharge in Violation of North Carolina Public...

On August 14, 2024, the Fourth Circuit Court of Appeals issued an opinion reversing a prior decision of the U.S. District Court for the Western District of North Carolina regarding wrongful discharge under North Carolina law....more

Fisher Phillips

Guía normativa para equipos de RRHH y legales en materia de la Seguridad y Salud en el trabajo

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Según cifras de la Organización Mundial de la Salud se estima que cada año se pierden 12 000 millones de días de trabajo debido a la depresión y la ansiedad, a un costo de US$ 1 billón por año en pérdida de productividad...more

Fisher Phillips

Workplace Stress in Mexico: 7 Considerations and Strategies for Employers

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Workplace stress affects millions globally, and Mexico has one of the highest rates of work-related stress in the world. Given this context, companies doing business in Mexico have become acutely aware of the significant...more

FordHarrison

The U.S. Mental Health Crisis and the Workplace

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Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more

Morgan Lewis

New UAE Law Aims to Protect Employee Mental Health Rights

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The United Arab Emirates’ new Mental Health Law came into effect on 30 May 2024. The Mental Health Law applies across the UAE, with the exception of the financial free zones, the Abu Dhabi Global Market (ADGM) and Dubai...more

Bradley Arant Boult Cummings LLP

Freeing the Well-Being: Mental Health Accommodations in the Workplace

Does it seem like you are dealing with more mental health issues in your workforce? If so, you are not alone. Recent mental health claim statistics show an alarming increase in chronic illnesses since the pandemic. For adults...more

Fisher Phillips

Workplace Law Update: 12 Essential Items on Your May To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

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