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State Of Texas V. Dep’t Of Labor And The Effect Of A National Vacatur

On November 15, 2024, a federal district court in Texas vacated a Department of Labor (“DOL”) rule that raised the minimum salary at which executive, administrative, and professional (“EAP”) and “highly compensated” employees...more

DOL Looks Likely To Win Salary Threshold Fight

Effective July 1, 2024, the U.S. Department of Labor raised the minimum salary that employers must pay to avoid paying overtime to people who perform executive duties. The minimum weekly salary of $684 became $844 on July 1,...more

Sue Me Once, and Sue Me Twice, and Sue Me Once Again

It sure seems like a long, long time since ACA foes were suing to block executive actions to “fix” problems that Congress couldn’t or wouldn’t. Now, it’s the turn of ACA defenders, who are suing to block executive actions to...more

Association Health Plans … Someday … Maybe

The October 12, 2017 “Executive Order Promoting Healthcare Choice and Competition Across the United States” gets things rolling, but this ball will have to roll up hill for months before it can roll downhill. Here’s...more

Developments February 6 – 10: Is the Price Right?

During the week reviewed, no new bill was introduced which, if passed, would repeal or replace the Affordable Care Act, and little else happened at the three main ACA enforcement agencies – DOL, HHS and IRS. Department...more

ACA Retaliation: Let Us Tell You A Little Story about A Man Named Jed

Jed, employed by Drysdale LLC, a janitorial contractor, recently began working nights at the National Bank of Commerce, supervised by the Bank’s Chief of Security. Jed’s family had health insurance until his wife lost her...more

DOL Tightens Disability Claim Processing Rules

“Isn’t this an ACA blog?” Yes, it is. “So, why are you writing about disability plan administration?” Because they said so. The preamble to the proposed rules explains – Inasmuch as disability and lost earnings can be sources...more

“Make It a Triple”: EEOC Supersizes Wellness Program Rules, Again

In June 2013, DOL, HHS and IRS explained that they view employer-sponsored wellness programs as narrow exceptions to the ACA’s health status discrimination prohibition. Early this year, the EEOC slathered-on its own rules,...more

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