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Labor & Employment Insurance

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Unemployment Benefits Cannot Be Denied Based on Eight Cash Transaction Inadvertent Errors Out of 80,000 Transactions in a 21-Month...

by Ruder Ware on

The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well. The case is Operton v. Labor and Industry...more

Back to Basics – Costly Consequences of Ignoring Process in Benefits Administration

The stories of an employer and a long-term disability insurer and claims fiduciary for an ERISA plan, defendants in two recent cases, ring so true. In the first case, the insurer was designated as claims fiduciary for an...more

The Future of Discretionary Clauses in California Life and Disability Insurance Agreements

by McDermott Will & Emery on

On May 11, 2017, the United States Court of Appeals for the Ninth Circuit reversed a district court ruling, and upheld a California law that invalidates a plan provision that assigns the final determination on benefit payout...more

Health Care Reform Weekly Roundup – Issue 1

Efforts to repeal and replace the Affordable Care Act (“ACA”) are in full swing as the U.S. Senate considers whether to modify the House of Representative’s American Health Care Act (“AHCA”) or draft its own ACA repeal...more

ACA Repeal Could Be Bad News For Gig Economy

by Fisher Phillips on

The replacement for the Affordable Care Act (ACA) – the American Health Care Act (AHCA) – recently passed the House and is now being considered by the Senate. It has the full support of the president, and barring any...more

Grounding Deferential Review in California – No Preemption for Discretionary Clause Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a decision with wide ranging implications, the Ninth Circuit has ruled that a discretionary clause in an employer drafted plan document is subject to, and invalidated by, California’s insurance...more

Employer Update: American Health Care Act

by Davis Brown Law Firm on

Last week, Republicans got one step closer to repealing portions of the Affordable Care Act (“ACA”) when the House of Representatives passed the American Health Care Act (“AHCA”). Due to procedural issues and division within...more

Passed House AHCA Bill Contains Numerous Provisions Affecting Employers

by Holland & Knight LLP on

Holland & Knight originally issued this alert in March 2017 regarding the American Health Care Act (AHCA) as it stood on that date. This client alert provides an update on the AHCA as passed by the U.S. House of...more

ACA Brief: Path to Repeal - House Resuscitates the AHCA

This ACA Brief is the fifth in a series of installments that will closely track congressional and administrative actions relating to ACA provisions that affect large employer-sponsored plans. On May 4, 2017, the US House...more

Supreme Court of Kentucky Renders a Game-Changing Decision Potentially Costing Employers and Insurance Companies Millions

by Reminger Co., LPA on

On April 27, 2017, the Supreme Court of Kentucky declared unconstitutional the provision of Kentucky’s Workers’ Compensation Act that terminates income benefits on the date the employee qualifies for normal old-age retirement...more

2018 Health Savings Account Cost of Living Adjustments

by Ruder Ware on

The Internal Revenue Service on May 5th announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2018....more

April 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more

New Class Action Lawsuits Asserting Violations of the MHPAEA

Banner Health and the Kaiser Foundation were recently hit with separate class action lawsuits challenging their denials of certain mental health care coverage...more

House Takes First Step Towards ACA Repeal; Employers Should Stay the Course for Now

by Fisher Phillips on

The House of Representatives took the first affirmative step towards repeal and replacement of the Affordable Care Act (ACA) today. After a failed attempt to pass legislation earlier this year, the House gathered the needed...more

House of Representatives Passes American Health Care Act – What it Means and Next Steps

Today, the House of Representatives passed the American Health Care Act (the “AHCA”). The AHCA was previously introduced in March but supporters failed to muster sufficient support to bring the legislation to a vote....more

IRS Announces HSA and HDHP Limitations for 2018

On May 4, 2017, the IRS released Revenue Procedure 2017-37 setting dollar limitations for health savings accounts (HSAs) and high-deductible health plans (HDHPs) for 2018. HSAs are subject to annual aggregate contribution...more

House passes health reform bill – three key amendments

by DLA Piper on

On May 4, 2017, Republicans in the House of Representatives succeeded in passing a health care bill. The vote was narrow: 217 (the exact number of votes needed to pass) – 213....more

What a Difference an “H” Makes…Again

by Bryan Cave on

After weeks of “will they or won’t they” that rivals some of the great TV sitcom near romances for suspense (even though it was considerably shorter), House Republicans passed the American Health Care Act (“AHCA”) just before...more

Brown & Brown Insurance Brokerage Firm Settles Pregnancy Discrimination Lawsuit for $100,000

Job Offer Rescinded After Company Learned of Applicant's Pregnancy, Federal Agency Charged - ORLANDO, Fla. - Daytona Beach-based insurance brokerage firm Brown & Brown will pay $100,000 and furnish significant relief to...more

New Jersey’s Unemployment Compensation Act Definition Of “Simple Misconduct” Deemed Arbitrary And Capricious

New Jersey’s Unemployment Compensation Act (the “Act”) provides for three different levels of misconduct that will result in disqualification for benefits. “Simple misconduct” disqualifies employees for benefits for the week...more

Sixth Circuit Issues Trilogy on Retiree Health Benefits

In three decisions issued on the same day, the Sixth Circuit held that Meritor retirees were not entitled to lifetime health benefits, while retirees at Kelsey-Hayes and CNH Industries were entitled to contractually vested...more

Tribe's Indemnification of Employee Does Not Confer Sovereign Immunity

by Stinson Leonard Street on

On April 25, 2017, the U.S. Supreme Court issued a much anticipated ruling, which may impact the ability of Tribes to rely on sovereign immunity in certain types of tort claims alleged against their employees....more

HR 1313 and the Future of Employee Wellness Programs

by Fisher Phillips on

On March 8, the House’s Education and Workforce Committee passed a bill, HR 1313 – Preserving Employee Wellness Programs Act. The bill, which was introduced by U.S. Rep. Virginia Foxx in order to “reaffirm existing law to...more

Employer Shared Responsibility: Have Penalties Been—or Will Penalties Ever Be—Assessed?

by Perkins Coie on

Are you an Applicable Large Employer (ALE) that has received rejected Forms 1095-C from the IRS? If so, you are not alone. ...more

Fifth Circuit: Discretionary Ban Does Not Mandate De Novo Review

by Seyfarth Shaw LLP on

In Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174 (5th Cir. Apr. 21, 2017), the Firth Circuit concluded that Texas’ ban on discretionary clauses in certain insurance policies did not require a de novo review of...more

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