News & Analysis as of

Employer Group Health Plans Retaliation

Dorsey & Whitney LLP

The Supreme Court - November 5, 2021

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Marietta Memorial Hospital v. Davita Inc., No. 20-1641: This case, involving the Medicare Secondary Payer Act, presents the following questions...more

Holland & Knight LLP

Religious Institutions Update: October 2016

Holland & Knight LLP on

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

U.S. Equal Employment Opportunity Commission...

Wisconsin Court Rejects Employer’s Argument That Wellness Programs Are Insulated from Disability Law

Trial to Be Scheduled on Retaliation Claim - MILWAUKEE - A federal court has ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a disability discrimination case involving wellness programs filed...more

Seyfarth Shaw LLP

Just What The Doctor Ordered: Court Denies The EEOC’s Motion For Summary Judgment In ADA Suit Regarding Employer’s Wellness...

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Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more

Miller & Martin PLLC

What's Wellness Got To Do With It?

Miller & Martin PLLC on

The EEOC Issues Two Final Rules Regarding Requirements for Employer Wellness Programs under the ADA and the GINA - The EEOC has issued two final rules that clarify when participation in an employer's wellness program is...more

Balch & Bingham LLP

Questionable Retaliation Theory Gets Traction

Balch & Bingham LLP on

Since our earliest postings, we have warned of a notion, prevalent among employee counsel, that an employer plan sponsor unlawfully retaliates against an employee by reducing her work hours in order to deprive her of ACA...more

Balch & Bingham LLP

Outside Counsel Should Handle Healthcare.gov Subsidy Appeals

Balch & Bingham LLP on

Here’s the coming dilemma: let IRS assess employer mandate taxes based on errant Healthcare.gov subsidy certifications or appeal those errors to prevent those assessments.  “Where’s the dilemma?” you say.  Here:  once you...more

McAfee & Taft

Timing of termination creates question of fact in association discrimination case

McAfee & Taft on

In employment law, including association discrimination cases, timing is everything. When Terry Booker was fired from his job of 22 years at Delfasco, a manufacturing facility in Greene County, Tennessee, in March 2012,...more

FordHarrison

Heads Up – The ACA Employer Mandate Is Now In Effect: Beware of Actions that Could Result in ACA Whistleblower Liability

FordHarrison on

Effective January 1, 2015, certain employers became subject to the employer mandate of the Patient Protection and Affordable Care Act (ACA), and thus subject to liability under the ACA Employer Shared Responsibility...more

Proskauer - Employee Benefits & Executive...

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

Ballard Spahr LLP

OSHA Issues Interim Final Rule on Whistleblower Protections under the Affordable Care Act

Ballard Spahr LLP on

As the 2014 implementation date for the most controversial provisions of the Affordable Care Act (ACA) draws closer, most businesses are focused on ensuring that their group health plans meet the ACA's requirements. But there...more

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