Best practices in the area of ERISA health and welfare plan governance are evolving. Concerned group health plan fiduciaries have been evaluating compliance processes while facing a set of rigorous fiduciary duties imposed by...more
In a win for employee retirement plan sponsors and investment managers alike, the U.S. District Court for the Southern District of California recently ruled in favor of the defendants following a bench trial in a class action...more
On Jan. 26, 2023, a 9th U.S. Circuit Court of Appeals panel issued an opinion in Wit v. United Behavioral Health, rejecting the plaintiffs’ attempt to meet Rule 23 commonality requirements by seeking reprocessing of claims as...more
Tennessee and Alabama recently enacted legislation that impacts employers’ ability to require employees to get vaccinated against COVID-19. On Nov. 12, 2021, Tennessee Gov. Bill Lee signed legislation that prohibits many...more
On Sept. 9, 2021, President Biden announced a broad six-part strategy to combat COVID-19 at the federal level, including extensive new vaccination and testing requirements for large private employers, certain federal...more
The Centers for Disease Control and Prevention (CDC) recently updated its “COVID-19 Vaccine Communication Toolkit for Essential Workers” to include information to educate all employers and employees about COVID-19 vaccines,...more
On Dec. 16, 2020, the U.S. Equal Employment Opportunity Commission updated its COVID-19 guidance, offering additional instruction as to whether and when an employer can require its employees to obtain a COVID-19 vaccine. This...more
12/23/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations
As previously reported, the Families First Coronavirus Response Act (FFCRA) requires private employers with fewer than 500 employees (and state/local government employers regardless of size) to provide special paid emergency...more
Since the COVID-19 crisis began, employees have submitted unsafe workplace complaints to the U.S. Occupational Safety and Health Administration (OSHA) in record numbers. Some of these employees have staged strikes to ensure...more
The CARES Act permits employers to defer the deposit and payment of the employer’s portion of social security taxes that otherwise would be due between March 27, 2020, and Dec. 31, 2020. The law permits employers instead to...more
As previously reported, the Families First Coronavirus Response Act (FFCRA) requires private employers with fewer than 500 employees (and state/local government employers regardless of size) to provide special paid emergency...more
On March 18, New York State enacted emergency legislation that immediately extends paid sick leave, New York Paid Family Leave, and disability benefits to New York employees who are unable work because they are quarantined or...more
On March 20, 2020, New York Gov. Andrew Cuomo became the third governor to enact a statewide “stay-at-home” order to combat the spread of COVID-19. ...more
On March 20, 2020, Illinois Gov. J.B. Pritzker issued a statewide “stay-at-home” order to combat the spread of COVID-19. Executive Order 2020-10, which went into effect at 5 p.m. on March 21, requires all individuals living...more
As previously reported, the Families First Coronavirus Response Act (FFCRA) passed Congress on March 18, 2020, and was signed into law by President Trump that same evening, to take effect “not later than 15 days after the...more
As the 2019 novel coronavirus (COVID-19) continues to spread and disrupt American lives and businesses, the healthcare industry will experience significant practical, financial and legal challenges. As federal and local...more
On March 18, 2020, the U.S. House of Representatives and U.S. Senate passed a bill that, once signed into law, will impose significant changes upon employers’ sick leave and family and medical leave requirements. President...more
As the number of COVID-19 cases continues to grow in the United States, many businesses struggle to balance their obligations under the Americans with Disabilities Act (ADA) as places of public accommodation, with their...more
On March 11, 2020, the Occupational Health and Safety Administration (OSHA) issued new recommendations for employers preparing for COVID-19 in the workplace. After briefly summarizing the symptoms of COVID-19 (mild to severe...more
Coronavirus Disease 2019 (COVID-19) has received heightened media attention in recent weeks as the number of confirmed cases around the world, and now in the United States, continues to rise. This focus is certainly warranted...more
Many employers offer corporate wellness programs to promote healthier lifestyles, prevent disease and reduce healthcare costs. These wellness programs may include, for example, nutrition classes, on-site exercise facilities,...more