News & Analysis as of

Employee Benefits Constitutional Challenges

Littler

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

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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

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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

Robins Kaplan LLP

Financial Daily Dose 10.7.2019 | Top Story: Talks Between GM and UAW Falter as Strike Hits Fourth Week

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Talks between General Motors and the striking UAW broke down yesterday, threatening the progress the two sides “appeared to make in recent days,” a troubling sign as the strike heads into its 4th week....more

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

Arizona Law Prohibiting Municipalities From Enacting Employee Benefits Ordinances Held Unconstitutional

The Arizona Court of Appeals, Division One, has ruled that the Arizona State Legislature overstepped its authority in 2016, when it prohibited Arizona cities and other municipalities from enacting their own employee benefits...more

Proskauer Rose LLP

ERISA Newsletter - Fourth Quarter 2018

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As we closed the door on 2018, we were met by two surprising decisions—one from a panel of the Second Circuit addressing employer stock drop litigation, and one from a federal district court in Texas declaring the entire...more

Seyfarth Shaw LLP

Issue 118: Texas Judge Rules That The Affordable Care Act (Obamacare) is Unconstitutional -- Without Consequence (For Now)

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On December 14, 2018, District Judge Reed O’Connor of the United States District Court for the Northern District of Texas ruled that the Affordable Care Act or ACA (a/k/a “ObamaCare”) is unconstitutional and therefore...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Texas Judge Declares Affordable Care Act Unconstitutional

In this episode of the Proskauer Benefits Brief, partner Robert Projansky and associate Katrina McCann discuss the recent district court case, Texas et al. v. The United States of America, which declared the Affordable Care...more

Ballard Spahr LLP

District Court Rules ACA Unconstitutional

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The Affordable Care Act returned to the front page this weekend when a federal district court in Texas issued an opinion striking down the entire law as unconstitutional. ...more

Littler

ACA Still in Effect, Despite New Federal Court Ruling

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On December 14, 2018, a Texas federal court declared the entire Affordable Care Act (ACA) unconstitutional. Despite this broad holding (and clickbait headlines), employers should not expect to see any significant changes to...more

Littler

Littler Global Guide - Canada - Q2 2018

Littler on

British Columbia Extends Family Leave Policies - New Legislation Enacted - On May 17, 2018, British Columbia amended legislation to give employees in the province pregnancy, parental, and compassionate care leaves. ...more

Nossaman LLP

California Court of Appeal Upholds Application of PEPRA to Judges Who Were Elected Before, But Assumed Office After, PEPRA Took...

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In the latest state appellate decision addressing the constitutionality of the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) and other recent pension reform legislation, Division One of the First District...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Eversheds Sutherland (US) LLP

Step by Step: Employee Benefits in the Supreme Court

In conjunction with the start of the Supreme Court’s new term, Eversheds Sutherland took a look back at the Court’s work in employee benefit cases since the enactment of ERISA. We found an astonishing 128 decisions, spanning...more

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