News & Analysis as of

Health Insurance Employment Litigation

Proskauer - Employee Benefits & Executive...

Recent Health Plan Litigation Puts Family Building Benefits in Focus

Family building benefits continue to be top of mind as employers and plan sponsors implement new benefit programs to support family building journeys for their employees. At the same time, there have been a few recent...more

Dentons

Insurance Issues: FMLA, Extended Leave, and Terminations

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As many employers discovered during the COVID pandemic, one of the most complex components of leave can be whether an employee’s health insurance is continued throughout the leave or, according to the health insurance...more

Laner Muchin, Ltd.

Eleventh Circuit Finds Gender-Affirming Surgery Exclusion in Governmental Employer’s Health Plan Violated Title VII

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held that a governmental employer’s health plan violated Title VII by applying an exclusion for services and supplies associated with gender reassignment surgery. The Court relied on the Supreme Court’s decision in Bostock v....more

Jones Day

Fiduciaries Beware: Employer Health Plan Under Fire for Alleged Prescription Drug Mismanagement

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An employer health plan is the latest target of class action litigation seeking redress for the alleged conduct of the plan's pharmacy benefit manager ("PBM")....more

Carlton Fields

Expect Focus - Volume III, September 2023

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Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Littler

Ontario, Canada Appeal Court Shows Importance of Proper Assessment of Employees’ Entitlement to LTD Benefits When on Leave or...

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In Soave v. Stahle Construction Inc., 2023 ONCA 265, the Ontario Court of Appeal (OCA) allowed an employer’s appeal of the trial judge’s finding that an employee who was on a temporary leave at the time of an injury was...more

Manatt, Phelps & Phillips, LLP

[Webinar] Health Care Litigation Trends to Watch in 2022…and Beyond - April 27th, 4:00 pm - 5:00 pm ET

Health care is facing a tidal wave of change—from enforcement actions around CARES Act funding to employment issues in a post-COVID workplace to questions around telehealth coverage to controversies over gender identity...more

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

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This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

American Conference Institute (ACI)

[Webinar] Navigating New Risks and Litigation Challenges Facing Payors in the COVID-19 Context and Beyond - May 13th, 12:00 pm -...

What will the post-pandemic world look like? What risks and challenges will it raise and how to navigate the new litigation landscape? These are the most relevant questions amid the pandemic. To respond to them and provide...more

White and Williams LLP

New Jersey Employers Must Pay for Pot

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In a groundbreaking decision, the New Jersey Superior Court decided the outcome of the confusing dispute between federal and state medical marijuana laws when it comes to paying for medical marijuana as a workers’...more

BCLP

HR Two Minute Monthly: disability discrimination; injury to feelings; unfair dismissal

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Our June update considers recent developments in employment law, including cases on disability discrimination, injury to feelings and unfair dismissal for inappropriate promotion of religion. We also outline other points of...more

Genova Burns LLC

Appellate Division Holds Former Employee Should Have the Opportunity to Show Her Employer’s Reason for Firing Her was Mere Pretext

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In an unpublished opinion, the New Jersey Appellate Division ruled in Caballero v. Cablevision Systems Corp. that a former Cablevision employee is entitled to present her claims of age and disability discrimination to a jury,...more

Verrill

Now Trending Emerging Issues and Legislation in Maine Workers' Compensation

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The workers’ compensation landscape is constantly evolving, but don’t worry—we’ve got you covered. In this webinar hosted on April 17, 2019, Verrill Dana attorneys Elizabeth Connellan Smith and Elizabeth Johnston explored the...more

Fisher Phillips

What Will A Governor Newsom Mean for California Employers?

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While much of the attention this midterm election has been focused on Congress and federal issues - the “blue wave” and a “referendum” on the Trump presidency - California employers know all too well that employment and labor...more

Littler

Nevada Supreme Court Determines Definition of Health Insurance for Nevada’s Minimum Wage Laws

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On May 31, 2018, the Nevada Supreme Court issued a unanimous decision in MDC Restaurants, LLC v. The Eighth Judicial Dist. Court, 134 Nev. Op. 41 (May 31, 2018), addressing arguably the most hotly contested issue of law...more

McNees Wallace & Nurick LLC

Pennsylvania Court Addresses Individual Liability Under COBRA (and How to Avoid it)

With increasing frequency, when employees sue their employer or former employer, they also name individual managers or the company’s owners as defendants in their suit. ...more

Seyfarth Shaw LLP

Be Careful Of Comments On Healthcare Costs: Sixth Circuit Denies Summary Judgment On ERISA Interference And Retaliation Claims...

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Seyfarth Synopsis:   An employer, which had paid medical expenses on behalf of an employee’s dependent son, made comments about the company’s rising healthcare costs several months before firing the employee. The Sixth...more

Brownstein Hyatt Farber Schreck

Will Your Company’s Wellness Programs Be Compliant In 2019?

Most companies are genuinely concerned about their employees’ health and well-being. In an effort to incentivize employees to share in that concern, many companies have instituted wellness programs. Significantly, due to a...more

Hogan Lovells

Employment News - September 2017

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Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

FordHarrison

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

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On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

McNees Wallace & Nurick LLC

Employers Permitted to Modify Retiree Benefits Following Expiration of CBA

In a closely watched case for employers, the Third Circuit Court of Appeals, which has jurisdiction in Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands, recently held that retiree healthcare benefits provided in...more

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