Since 2006, the Health Insurance Portability and Accountability Act (HIPAA) has prohibited health plans from discriminating based upon an individual’s health status. Since many modern wellness programs are expressly designed to…more
In a resounding victory for employers across the nation, the Fourth Circuit Court of Appeals affirmed a recent decision of the U.S. District Court for the District of South Carolina, striking down the National Labor Relations…more
On June 14, Governor Rick Perry signed a new law that will preclude most causes of action for negligent hiring or negligent supervision against employers, general contractors, and premises owners. The new law (Texas H.B. 1188)…more
Workplace bullying has become a hot topic. Employers are paying increased attention to the issue since many states are considering legislation that would create remedies for employees victimized by bullying…more
Unfortunately, it may be too late for some employers that have already begun their summer internship programs, but for-profit, private sector employers should be aware that they face a steep barrier when trying to establish…more
The Internal Revenue Service (IRS), the Department of Labor (DOL), and the Department of Health and Human Services (HHS), the three federal agencies with primary responsibility for implementing the Affordable Care Act (ACA),…more
In a case that underscores the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in situations involving workplace safety issues, a federal district court in Connecticut determined that an operating…more
As you may know the Affordable Care Act imposed a new fee on issuers of individual and group health insurance policies and plan sponsors of self-funded plans. As previously noted in our blog, on December 5, 2012, the Internal…more
This morning, in a unanimous decision, the Supreme Court of the United States refused to overturn, under section 10(a)(4) of the Federal Arbitration Act (FAA), an arbitrator’s decision that a contract authorized class…more
Riding a wave of national news stories about employers forcing applicants or employees to turn over social media passwords as a condition of employment, the Oregon legislature recently passed House Bill 2654…more
Capping a tumultuous session, the 88th Minnesota legislature, on the final day of the 2013 session, passed a bill, S.F. 778, which was long sought by labor unions because it would give them the right to organize private family…more
Capping a tumultuous session, the 88th Minnesota legislature, on the final day of the 2013 session, passed a bill, S.F. 778, which had long been sought by labor unions. The bill gives unions the right to organize private family…more
Last week, on May 29, 2013, Puerto Rico’s governor, Alejandro García Padilla, signed S.B. 238 into law enacting Act No. 22, which prohibits employment discrimination based on sexual orientation or gender identity, both in the…more
On May 23, 2013, Nevada became the tenth state to enact legislation restricting the use of credit background checks by employers. The new Nevada law goes into effect on October 1, 2013…more
The Arizona Court of Appeals recently issued an opinion overturning the Unemployment Insurance Appeals Board’s denial of unemployment benefits to an employee who was terminated for excessive tardiness…more
