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Constitutional Challenges Employee Benefits

Miller Nash LLP

Significant Changes for Alaska Employers, including Minimum Wage Increases and Mandatory Paid Sick Leave Programs, Begin July 1,...

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In November 2024, Alaskan voters passed Ballot Measure 1. The law takes effect July 1, 2025, and has three main provisions: (1) increasing the minimum wage now and into the future (which also impacts exempt salary levels),...more

Ropes & Gray LLP

Tri-Agencies Stay Enforcement of the 2024 MHPAEA Final Rules

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On May 15, 2025, the Departments of Labor, Health and Human Services (“HHS”) and the Treasury (“the Departments”) issued a nonenforcement policy of the final rules under the Mental Health Parity and Addiction Equity Act of...more

Amundsen Davis LLC

Court Ruling Hamstrings IRS Enforcement of ACA Employer Mandate

Amundsen Davis LLC on

On April 10, 2025, a federal court in Texas issued an opinion in the case of Faulk Co. v. Becerra that significantly impacts how the Affordable Care Act’s (ACA) employer mandate can be enforced. The ruling effectively...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Paid Sick Time Law Still Stands After State Supreme Court Ruling

On April 29, 2025, the Supreme Court of Missouri upheld Proposition A, the voter-approved initiative that mandates paid sick time and raised the minimum wage....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Update on Missouri’s Proposition A: Status of Earned Paid Sick Time Law

Employers must provide notice of Missouri’s new earned paid sick time (PST) requirements no later than April 15, 2025—ahead of the May 1, 2025, effective date of the state’s new PST law, or Proposition A, passed by voters in...more

Dickinson Wright

Federal Enforcement of Mental Health Parity: Key Updates and Challenges Ahead

Dickinson Wright on

On January 17, 2025, the U.S. Departments of Labor, Health and Human Services, and the Treasury (“the Departments”) issued their 2024 Report to Congress on the enforcement and implementation of the Mental Health Parity and...more

Polsinelli

Preparing for the Implementation of Missouri Paid Sick Time: Key Deadlines and Compliance Requirements

Polsinelli on

The earned paid sick time provisions of Proposition A are set to take effect on May 1, 2025. Missouri Proposition A requires employers to provide employees working in Missouri at least 1 hour of sick leave for every 30 hours...more

Amundsen Davis LLC

Missouri’s Paid Sick Time Law Is Set to Take Effect May 1, 2025

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Missouri’s paid sick time law, Proposition A, is scheduled to go into effect on May 1, 2025. While the constitutionality of Proposition A is currently being challenged under a state lawsuit before Missouri’s Supreme Court...more

Blank Rome LLP

City’s Electric Slide Stumbles as Invalid Tax

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We often focus on whether a levy is a tax masquerading as a fee because a state tax must be fairly apportioned under United States Constitutional precedent, while a fee is not so limited. Some “fees” can be quite material in...more

Carlton Fields

Jarkesy May Reshape SEC Enforcement Against Professionals

Carlton Fields on

For decades, the SEC has relied on its in-house administrative proceedings to enforce alleged violations under the federal securities laws, including under its own rules of practice....more

Genova Burns LLC

10th Birthday Wishes to the Affordable Care Act’s Employer Mandate

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The Patient Protection and Affordable Care Act (“ACA”) was signed into law by President Obama on March 23, 2010. ACA affected health insurance coverage, costs and preventive care. It also established the Health Insurance...more

Littler

Michigan Supreme Court Voids Existing Minimum (Cash) Wage and Paid Sick Leave Laws and Revives Old Laws

Littler on

On July 31, 2024, the Michigan Supreme Court, in a 4-to-3 decision, found unconstitutional legislative amendments that significantly revised minimum wage, tip, and paid sick leave standards....more

Fisher Phillips

Michigan Supreme Court Holds Employers Must Pay Higher Minimum Wage and Provide Expanded Sick Leave Rights: 3 Steps You Should...

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Big changes are coming for Michigan employers due to a sweeping decision just issued by the state’s highest court. Beginning next year, Michigan employers will be subject to new annual minimum wage increases, gradually lose...more

Eversheds Sutherland (US) LLP

Employee benefit and employment law regulations after Loper Bright

In the US, the relationship between employers and employees is heavily regulated by statute at both the state and federal level, and the provision of employee benefits is also highly regulated, primarily at the federal level....more

Littler

Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

Littler on

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against...more

Nossaman LLP

UPDATE: Retirement Board’s Limits on Inclusion of “Straddled” Leave Cashouts in Retirement Allowance Determinations Affirmed by...

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UPDATE: On January 18, 2024, the Second DCA responded to requests for publication of its decision discussed in our last eAlert on this topic (below) and certified the decision for publication. This is an important next step...more

Holland & Knight LLP

Texas Judge Invalidates ACA Preventive Care Mandates: Impact on Employer-Sponsored Plans

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A Texas district court judge has overruled certain preventive care mandates of the Patient Protection and Affordable Care Act (ACA), holding that they are unconstitutional and, in one case, violate the Religious Freedom...more

Groom Law Group, Chartered

ACA Preventive Service Requirements Partially Vacated

On March 30, 2023, the District Court for the Northern District of Texas issued an opinion and order in Braidwood Mgmt. Inc. v. Becerra that vacates the implementation and enforcement of certain preventive service provisions...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Arizona Law on Union Benefits and Financial Disclosure Obligations Set to Take Effect

In May 2021, the Arizona Legislature passed and Governor Doug Ducey signed Senate Bill (SB) 1268, which imposes stricter reporting requirements on private-sector labor unions by requiring “similar fiduciary guidelines as...more

Nossaman LLP

California Supreme Court Announces Date for Oral Argument in Alameda Public Retirement Case

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On April 15, 2020, the California Supreme Court scheduled oral argument in the much-anticipated California Supreme Court public retirement case, Alameda County Deputy Sheriff's Association, et al. v. Alameda County Employees'...more

Faegre Drinker Biddle & Reath LLP

Another U.S. Supreme Court Review of Affordable Care Act Could Impact Employer Health Plans

On March 2, 2020, the U.S. Supreme Court granted two petitions by interested states asking the Court to review the constitutionality of the individual health coverage mandate in the Affordable Care Act (ACA) and, if...more

Robins Kaplan LLP

Financial Daily Dose 2.20.2020 | Top Story: Fed Minutes Show Central Bank Happy With Economy, Worried About Coronavirus

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Newly released minutes from the Fed’s January meeting show central bankers preoccupied with global risks, including the still-growing economic impact of the coronavirus, while still taking a wait-and-see approach to any...more

Seyfarth Shaw LLP

Fifth Circuit Affirms Striking Down Individual Mandate of Affordable Care Act and Remands on Issue of Severability

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In a bold but conservative 2-1 decision Wednesday, The United States Court of Appeals for the Fifth Circuit affirmed the ruling of a federal district judge in Texas striking down the individual mandate of the Affordable Care...more

Ballard Spahr LLP

Fifth Circuit Rules Individual Mandate Unconstitutional; Fate of Rest of ACA Remains in Doubt

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In a 2-1 decision, the Fifth Circuit Court of Appeals has upheld a district court ruling that the individual mandate under the Affordable Care Act is unconstitutional. However, the Fifth Circuit has sent the case back to the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

San Antonio City Council Approves Changes to Paid Sick Leave Ordinance

In response to a lawsuit filed by a number of San Antonio business groups, the San Antonio City Council approved certain revisions to the city’s paid sick leave (PSL) ordinance, including renaming it the Sick and Safe Leave...more

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