In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and...more
On June 28, 2024, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce (Loper Bright), overturning Chevron U.S.A. Inc v. Natural...more
8/22/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Final Rules ,
Gender Identity ,
Government Agencies ,
Investment Adviser ,
Loper Bright Enterprises v Raimondo ,
Mental Health Parity Rule ,
MHPAEA ,
Regulatory Authority ,
SCOTUS ,
Section 1557 ,
Statutory Authority ,
Statutory Interpretation
Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations.
Just over a month later, there have now been three key developments with respect to that...more
5/17/2024
/ Affirmative Defenses ,
Affordable Care Act ,
Bostock v Clayton County Georgia ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Employee Benefits ,
Employees ,
Employer Group Health Plans ,
Employer Liability Issues ,
Final Rules ,
Gender Discrimination ,
Gender Dysphoria ,
SCOTUS ,
Section 1557
By December 31, 2023, group health plans and health insurance issuers must submit an attestation to certify compliance with the “gag clause prohibition” under the Consolidated Appropriations Act of 2021 (CAA)....more
Breaking news: On September 19, 2023, the Oklahoma Attorney General filed a Petition for En Banc Rehearing, challenging the Tenth Circuit panel’s decision in this case and requesting a rehearing before the full Tenth Circuit...more
In a win for self-funded (i.e., self-insured) health plans subject to the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Tenth Circuit recently ruled that ERISA preempts provisions of an Oklahoma law...more
On July 25, the Department of Labor, Department of the Treasury, and Department of Health and Human Services (the Departments) released new Proposed Rules (Proposed Rules) that clarify certain requirements imposed by the...more
8/17/2023
/ Benefit Plan Sponsors ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Enforcement ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
Proposed Rules ,
U.S. Treasury
Equity compensation – which links the self-interests of a company’s service providers with the interests of the company and its investors – is a compelling incentive for start-up companies to attract and motivate employees...more
4/6/2021
/ Consultants ,
Early Stage Companies ,
Emerging Growth Companies ,
Employees ,
Equity ,
Equity Compensation ,
Incentive Awards ,
Internal Revenue Code (IRC) ,
Investors ,
IRC Section 83(b) ,
IRS ,
Restricted Stocks ,
Section 409A ,
Share Purchase Agreements ,
Startups ,
Stock Options ,
Tax Advice
Public companies maintaining deferred compensation arrangements for their executive officers should consider how recent changes to the regulations under Section 162(m) of the Internal Revenue Code (the Code) may impact the...more
On March 27, the House voted overwhelmingly to approve H.R. 748—the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)—a $2.2 trillion package with a stated purpose of providing emergency assistance and healthcare...more
The U.S. Supreme Court issued a landmark decision on Monday, June 15, in the case of Bostock v. Clayton County, ruling that the prohibitions against discrimination “because of sex” contained in Title VII of the Civil Rights...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
As part of the federal government’s response to the COVID-19 pandemic, the Internal Revenue Service (IRS), the Employee Benefits Security Administration (EBSA), and Pension Benefit Guaranty Corporation (PBGC) have recently...more
This set of FAQs is part of a series dealing with the impact of COVID-19 on businesses. Government-mandated protocols and social distancing directives as a result of the COVID-19 pandemic have led to significant business...more
4/1/2020
/ 401k ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Furloughs ,
Hardship Distributions ,
Investment Adviser ,
IRS ,
PBGC ,
Popular ,
Retirement Plan ,
Vesting
This set of FAQs is part of a series dealing with the impact of COVID-19 on businesses. Government-mandated protocols and social distancing directives as a result of the COVID-19 pandemic have led to significant business...more
3/29/2020
/ Affordable Care Act ,
COBRA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Layoffs ,
Reduction in Hours
The Families First Coronavirus Response Act (FFCRA), signed into law by President Trump on March 18, imposes new requirements on health plans in response to the COVID-19 pandemic. In particular, the FFCRA requires employer...more
Earlier this month, the Department of Labor (DOL) proposed a 60-day delay of the April 10, 2017 effective date of its (much debated) fiduciary rule. The fiduciary rule – a vestige of the Obama Administration – was thought to...more
Under a new proposed H.R. bill, employers may be able to strongly encourage employees to participate in genetic testing. H.R. 1313, entitled the Preserving Employee Wellness Programs Act, was recently approved by a House of...more