L. Stephen Bowers

L. Stephen Bowers

Cozen O'Connor

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

1/12/2017 - 21st Century Cures Initiative ADA Affordable Care Act Ambush Election Rules Anti-Retaliation Provisions Antitrust Provisions Arbitration Asset Seizure Ban the Box Blacklist Browning-Ferris Industries of California Inc. Criminal Investigations DACA Decriminalization of Marijuana Defend Trade Secrets Act (DTSA) Disability Discrimination DOJ DOL Dream Act E-Verify EB-5 EB-5 Regional Centers Educational Institutions EEO-1 EEOC Email Policies Employee Definition Employee Handbooks Employee Restrooms Employees Fair Pay and Safe Workplaces Federal Contractors FLSA Foreign Workers FTC Gender-Based Pay Discrimination Gig Economy Graduate Students H-1B Healthcare Hospitals HRA Immigrants Immigration Reform Independent Contractors Intellectual Property Protection Joint Employers Management Rights Clauses Marijuana Medical Marijuana Mexico Minimum Salary Minimum Wage Misclassification NLRA NLRB Non-Compete Agreements Obama Administration OFCCP Over-Time Pay Transparency Persuader Rules Protected Activity Right to Strike Section 7 Sick Leave Small Business Staffing Agencies Teaching Assistants Trump Administration Unions USCIS Wage and Hour Whistleblower Protection Policies Whistleblowers White-Collar Exemptions Witness Statements

ACA Relief Brightens 2017 for Small Employers

On December 13, 2016, President Obama signed the 21st Century Cures Act (the Act), which provides government funding and support for a number of health care initiatives. Significantly, the last section of the Act eases...more

1/11/2017 - 21st Century Cures Act ACA Health Care Providers HRA Minimum Essential Coverage Penalties Qualified Small Employer Health Reimbursement Plan (QSEHRAs) Small Employers

Small Employers Cheer Recently Eased Affordable Care Act Restrictions

On December 13, 2016, President Obama signed the 21st Century Cures Act (the Act) that provides government funding and support for a number of health care initiatives. Significantly, the last section of the Act eases...more

12/15/2016 - 21st Century Cures Initiative Affordable Care Act Federal Funding Healthcare Minimum Essential Coverage Penalties Qualified Small Employer Health Reimbursement Plan (QSEHRAs) Small Employers

Vague COBRA Notices Could Prove Venomous

A recent class action settlement serves to remind employers that the Consolidated Omnibus Budget Reconciliation Act, commonly referred to as COBRA, has real fangs in the hands of the plaintiffs’ bar. A large financial...more

3/10/2016 - Class Action COBRA Corporate Counsel Employer Group Health Plans Employer Liability Issues Hiring & Firing Notice Requirements Settlement

Limiting Employees’ Hours to Dodge the ACA’s Employer Mandate Could Violate ERISA

In a move that brings many employers’ fears closer to fruition, a federal district court recently ruled that an employee may proceed with a class action lawsuit alleging that her employer violated the Employee Retirement...more

2/24/2016 - Affordable Care Act Burden of Proof Class Action Corporate Counsel Employee Benefits Employer Mandates ERISA Failure To State A Claim Full-Time Employees Wage and Hour

Will Plan Participants’ Demands for Perfection Retire Large 401(k) Plans?

Participants in Anthem Inc.’s $5.1 billion 401(k) plan have sued plan fiduciaries, alleging that they have top-shelf tastes that constitute a breach of the duties of loyalty and prudence owed to participants, and that the...more

2/4/2016 - 401k Anthem Insurance Corporate Counsel Duty of Loyalty Duty of Prudence ERISA Fiduciary Duty Plan Participants

Supreme Court Sends ERISA Plans Racing to the Courthouse for Subrogation Recoveries

The Supreme Court of the United States recently handed down a decision that opens the door for participants in ERISA-covered benefits plans to stop a lawsuit against them in its tracks by doing something that most people love...more

1/29/2016 - Corporate Counsel Employer Group Health Plans Equitable Relief ERISA Medical Expenses Medical Liens Montanile v Board of Trustees SCOTUS Settlement Subrogation

Supreme Court Upholds ACA Subsidies: What’s Next?

On Thursday, June 25, the Supreme Court of the United States issued its much anticipated ruling in King v. Burwell, the second major Court challenge to a core element of the Affordable Care Act (“ACA”). The Court, by a 6-3...more

6/26/2015 - Affordable Care Act Health Insurance Health Insurance Exchanges Individual Mandate King v Burwell SCOTUS State Health Insurance Exchanges Subsidies Tax Credits

DOL Issues Re-Proposed Regulations Defining Investment Advice Fiduciary and Proposes New PTEs

The U.S. Department of Labor (DOL) issued long awaited re-proposed regulations governing fiduciary status and investment advice titled “Definition of the Term ‘Fiduciary’; Conflict of Interest Rule—Investment Advice” for...more

5/5/2015 - DOL ERISA Fiduciary Duty FINRA Investment Adviser IRA Pensions PTEs TPAs

Use-It-or-Lose-It Rule Modified for Health Care FSAs

The IRS has issued IRS Notice 2013-71, allowing limited carry-over of amounts in employees’ flex plan accounts to the following plan year. Under the guidance employers may permit participants to carry over up to $500 of...more

11/12/2013 - Carryover Basis Flexible Spending Accounts Healthcare IRS

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