No Surprises Act Gives Plan Sponsors Savings Opportunities

“The No Surprises Act also provides an employer or plan sponsor of an ERISA group health plan an opportunity to revisit their plan’s administrative services agreements with their third-party administrator TPA and reduce or eliminate certain fees being charged by the TPA.”  Full Article

– Hall Benefits Law

IRS FAQs Explains When Health FSAs, HSAs, or HRAs Can Reimburse Nutrition, Wellness, and General Health Expenses

“These FAQs do not break new ground or include any surprises. However, they may be helpful to those on the ‘front lines’ of cafeteria plan administration, who are sometimes asked to explain the reasons for plan operating rules and decisions.”  Full Article

– Thomson Reuters/ EBIA

Telehealth and the End of the COVID-19 Emergency

“The stand-alone telehealth relief under the ACA is available until the end of the latest plan year that begins on or before the last day of the PHE. For calendar-year plans, this relief would last until December 31, 2023. When an employer ends its stand-alone telehealth benefit, it may need to provide participants a 60-day notice of a material reduction in benefits.”  Full Article

– McDermott Will & Emery

States Act to Strengthen Surprise Billing Protections Even After Passage of No Surprises Act

“Where state law is more consumer- protective, the state law remains in effect. The NSA allows states to specify how payment disputes between insurers and providers are resolved. The federal approach does not apply if a state specifies its own mechanism. States may develop their own processes for enforcing the NSA and specified state laws.”  Full Article

– The Commonwealth Fund

DOL Annual Report to Congress on Self-Insured Group Health Plans (PDF)

“Approximately 74,100 group health plans filed a Form 5500 for 2020, an increase of nearly 13 percent from 2019. Self-insured plans covered nearly 35 million participants and held more than $112 billion in assets, while mixed-insured plans covered roughly 29 million participants and held $157 billion in assets.”  Full Article

– Employee Benefits Security Administration, U.S. Department of Labor

Insulin as Preventive Care: Why Not Eliminate Patient Cost Sharing?

“The No Surprises Act also provides an employer or plan sponsor of an ERISA group health plan an opportunity to revisit their plan’s administrative services agreements with their third-party administrator TPA and reduce or eliminate certain fees being charged by the TPA. Sponsors have a fiduciary obligation under ERISA to understand these fees and how they can be reduced.”  Full Article

– Health Affairs

CALIFORNIA

Cal/OSHA Proposes Changes to Update Workplace Exposure to Lead Regulations

“On March 3, 2023, the Cal/OSHA Standards Board published notice of proposed revised regulations pertaining to workplace exposure to lead for the general industry and construction safety orders.”  Full Article

– Jackson Lewis PC

ILLINOIS

Paid Leave for Nearly All Illinois Employees Coming Soon

“Paid leave for any reason is coming to Illinois. On March 13, 2023, Gov. JB Pritzker signed the Paid Leave for All Workers Act (Paid Leave Act), which requires employers to provide up to 40 hours of paid leave to nearly all employees in Illinois. The Paid Leave Act becomes effective on January 1, 2024.”  Full Article

– Cooley LLP

MARYLAND

Paid Family Leave Comes to Maryland

“Maryland has joined 10 other states and the District of Columbia in passing a paid family leave law. Under the new Time to Care Act of 2022 (TCA), eligible employees may apply to a state-administered fund that will be used to provide up to 12 weeks of paid family and medical leave, with the possibility of another 12 weeks for parental leave.”  Full Article

– Gordon Feinblatt LLC

DELAWARE

Delaware is Moving Away from Broadly Enforcing Non-Competition Restrictions

“Delaware courts are joining a growing list of legislative, judicial, and regulatory bodies that view restrictive non-competition covenants unfavorably. In three recent Chancery Court opinions, Delaware courts reflect an evolution in jurisprudence regarding restrictive covenants’ interpretation.”  Full Article

– Frost Brown Todd LLP

MICHIGAN

Michigan Senate Votes Repeal 2012 Right-to-Work Law

“The “right-to-work” law prohibits union-security agreements, which required private and/or public employees to pay union dues or services fees as a condition of obtaining or continuing employment. Employees in unionized jobs who opted out of the union are still afforded rights and benefits as members of the bargaining unit. The bill will now return to the House for a vote before it goes to Gov. Gretchen Whitmer for her signature.”  Full Article

– Plunkett Cooney PC

Ones to Watch: Legislation Landscape for 2023

“Three months into the new legislative year, with all but a handful of state legislatures currently in session, clear employment law trends for 2023 have emerged. Some of the more significant trends reflect the country’s social and political atmosphere.”  Full Article

– Littler Mendelson PC

States Push Pay Reporting Requirements in Effort to Ensure Pay Equity

“As many employers know, federal law prohibits employers from demanding pay confidentiality from employees. Pay transparency laws go a step further and require employers to publish ranges for open positions, adding transparency to the conversations about pay.”  Full Article

– Hunton Andrews Kurth LLP

Circle K Agrees to Pay $8 Million After EEOC Investigation into Disability, Pregnancy, and Retaliation Charges

“Circle K Stores Inc. has agreed to pay $8 million and comply with the terms of a four- year settlement with the Equal Employment Opportunity Commission (EEOC) amid charges that it failed to offer reasonable accommodations to and retaliated against disabled and pregnant workers.”  Full Article

– Hall Benefits Law LLC

U.S. Department of Labor Releases Guidance on Teleworkers

“The U.S. Department of Labor (DOL) Wage and Hour Division recently issued a Field Assistance Bulletin (FAB) advising on certain applications of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) for teleworking employees. The primary focus of the FAB is compensable time, breaks for nursing employees, and FMLA eligibility rules for remote employees.”  Full Article

– Venable LLP

Biden Administration Requests Big Budget Increase for OSHA

“The FY 2024 budget request for OSHA is approximately $738.7 million, an increase of more than $106.3 million from FY 2023. The upcoming fiscal year begins Oct. 1. Released on March 9, the proposal includes increases of 16.3% for federal enforcement (up roughly $40 million for FY 2023), 30% for federal compliance assistance (+$23.3 million), and 26.3% for safety and health standards (+$11.1 million).”  Full Article

– Seyfarth Shaw LLP

DOJ Antitrust Division Announces Indictment Against Health Care Staffing Executive for Nurse Wage-Fixing

“On March 16, the U.S. Department of Justice Antitrust Division (“DOJ Antitrust Division”) announced that a federal grand jury returned an indictment charging a former health care staffing executive of fixing wages for nurses. The press release noted, “The charges in this case were brought in connection with the Antitrust Division’s ongoing commitment to prosecute anticompetitive conduct affecting American labor markets.”  Full Article

– Mintz

CALIFORNIA

Cal/OSHA Proposes Changes to Update Workplace Exposure to Lead Regulations

“On March 3, 2023, the Cal/OSHA Standards Board published notice of proposed revised regulations pertaining to workplace exposure to lead for the general industry and construction safety orders.”  Full Article

– Jackson Lewis PC

ILLINOIS

Paid Leave for Nearly All Illinois Employees Coming Soon

“Paid leave for any reason is coming to Illinois. On March 13, 2023, Gov. JB Pritzker signed the Paid Leave for All Workers Act (Paid Leave Act), which requires employers to provide up to 40 hours of paid leave to nearly all employees in Illinois. The Paid Leave Act becomes effective on January 1, 2024.”  Full Article

– Cooley LLP

MARYLAND

Paid Family Leave Comes to Maryland

“Maryland has joined 10 other states and the District of Columbia in passing a paid family leave law. Under the new Time to Care Act of 2022 (TCA), eligible employees may apply to a state-administered fund that will be used to provide up to 12 weeks of paid family and medical leave, with the possibility of another 12 weeks for parental leave.”  Full Article

– Gordon Feinblatt LLC

DELAWARE

Delaware is Moving Away from Broadly Enforcing Non-Competition Restrictions

“Delaware courts are joining a growing list of legislative, judicial, and regulatory bodies that view restrictive non-competition covenants unfavorably. In three recent Chancery Court opinions, Delaware courts reflect an evolution in jurisprudence regarding restrictive covenants’ interpretation.”  Full Article

– Frost Brown Todd LLP

MICHIGAN

Michigan Senate Votes Repeal 2012 Right-to-Work Law

“The “right-to-work” law prohibits union-security agreements, which required private and/or public employees to pay union dues or services fees as a condition of obtaining or continuing employment. Employees in unionized jobs who opted out of the union are still afforded rights and benefits as members of the bargaining unit. The bill will now return to the House for a vote before it goes to Gov. Gretchen Whitmer for her signature.”  Full Article

– Plunkett Cooney PC

IRS Provides an “Electric Shock” by Lowering Mandatory Electronic Filing Threshold

“Many plan sponsors, employers, and other filers not currently subject to mandatory electronic filing will be ensnared by the new regulations and be required to file returns electronically.”  Full Article

– Groom Law Group

Surprise-Billing Law Loophole: When ‘Out-of-Network’ Doesn’t Quite Mean Out-of-Network

“What’s the difference between a hospital that’s ‘in-network’ and one that’s a ‘participating provider’? In this case, by contracting with Regence as an out-of-network but also participating provider, Swedish straddled the line between being in and out-of-network.”  Full Article

– Kaiser Health News

Departments Issue Guidance Requiring First Annual “Gag”
Attestation by December 31, 2023

“While explicit, direct violations of the prohibition on gag clauses may not be difficult to determine, provisions that have the effect of restricting the disclosure of information or data in violation of the gag clause prohibitions may not be obvious.”  Full Article

– The Wagner Law Group

It Doesn’t Have to be That Way: Negotiating Good Service Provider Agreements is More Important Than Ever

“It is time to get serious (and maybe even more serious) about privacy and security. Employers who have employees located in California in particular should be looking at these rules to ensure that their benefit plan service providers are in compliance with these requirements.”  Full Article

– Holland & Hart LLP

What the End of the COVID-19 Pandemic Means for Employee Benefit Plan Deadlines and Coverage

“The calculation of normal deadlines will resume on July 10, 2023, for individuals whose Relief Event date was after July 10, 2022. Employers would also be well served to review COBRA notices previously issued to determine if an updated notice or communication is merited in light of the impending end of the relief.”  Full Article

– Jackson Lewis P.C.

Text of IRS Rev. Proc. 2023-17: Adjusted Applicable Dollar Amounts Under Section 4980H, for Calculation of 2024 Employer Shared Responsibility Payments (PDF)

“This revenue procedure provides indexing adjustments for the applicable dollar amounts under Section 4980H(c)(1) and (b)(1) of the Internal Revenue Code. These indexed amounts are used to calculate the employer shared responsibility payments (ESRP) under Section 4980H(a) and (b)(1), respectively.”  Full Article

– Groom Law Group

ILLINOIS

Illinois Supreme Court Rules BIPA Claims Accrue With Each Scan

“On February 17, the Illinois Supreme Court issued its long-awaited decision in Cothron v. White Castle, holding that a claim under Illinois’ Biometric Information Privacy Act (BIPA) is triggered upon each biometric scan, rather than just the first.”  Full Article

– Troutman Pepper

WASHINGTON

Seattle Becomes the First U.S. Jurisdiction to Prohibit Caste Discrimination

“On February 21, 2023, the City of Seattle, Washington became the first U.S. city – or any U.S. jurisdiction for that matter – to add caste to its list1 of categories protected against discrimination.”  Full Article

– Littler Mendelson

MASSACHUSETTS

Massachusetts May Be Next in Line to Enact Pay Transparency Laws

“The proposed law focuses on a broad range of employee and wage data, including the number of employees by race, ethnicity, and gender that fall within certain job categories or roles, and their corresponding wage information.”  Full Article

– Nelson Mullins Riley & Scarborough

NEW JERSEY

New Jersey Enacts First-of-Its-Kind Temporary Workers’ Bill of Rights

“Under the law, employers must pay temporary workers no less than the average rate of pay and cost of benefits provided to company employees in similar positions who perform the same or substantially similar work. It also gives temporary workers rights to certain information on the terms and conditions of their engagement and imposes significant obligations on staffing agencies and their clients.”  Full Article

– Morgan Lewis & Bockius

CALIFORNIA

CA Win for Employers: Ninth Circuit Holds That California AB 51 Prohibiting Mandatory Arbitration is Preempted by the Federal Arbitration Act

““As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a law that prohibited “forced arbitration” as a condition of employment.”  Full Article

– McDermott Will & Emery

DOL Issues Internal Guidance on Telework Under the FLSA & FMLA

“FAB 2023-1 addresses FLSA regulations governing “hours worked,” rules related to break time and privacy for nursing employees, and regulations regarding FMLA eligibility factors.”  Full Article

– Jackson Lewis

OSHA Implements Pilot Program to Streamline Complaint Intake Process

“This pilot program aims to relieve the strain on OSHA’s investigative resources by allowing an investigator to administratively close a complaint without needing to contact the Complainant.”  Full Article

– Proskauer Rose

Tick-Tock-Time for Healthcare Employers to Review Their Internet and Social Media Use Policies!

“Every healthcare organization, from small medical groups to large health systems, should adopt a social media use policy that outlines permissible uses, best practices, and potential discipline in the event of violations by their employees.”  Full Article

– Sheppard Mullin Richter & Hampton

Paid Leave for USERRA? We Recommend a Comparability Analysis

“The Ninth Circuit recently addressed the issue of whether an employer is required to provide pay for employees taking short-term military leave when it offers other types of short-term paid leave. In Clarkson v. Alaska Airlines, Inc., the Ninth Circuit revived a class action claiming discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA) for the failure to pay short-term military leave.”  Full Article

– Baker McKenzie

Supreme Court Upholds Ruling That FLSA Overtime Exemption Didn’t Apply to Day-Rate Rig Worker

“On Sept. 9, 2021, the U.S. Court of Appeals for the Fifth Circuit held a highly compensated rig worker was not exempt from the Fair Labor Standards Act’s (FLSA’s) overtime requirements because the employee was paid on a day rate as opposed to a guaranteed salary. On Feb. 22, 2023, the U.S. Supreme Court affirmed this decision.”  Full Article

– McGuire Woods

NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements with Broad Implications

“On February 21, the National Labor Relations Board (NLRB or Board) reversed course from its own Trump-era precedent when it held that an employer’s offer of employee severance agreements with broad confidentiality and non- disparagement provisions is an unfair labor practice in violation of Section 8(a)(1) of the National Labor Relations Act (Act).”  Full Article

– Troutman Pepper

ILLINOIS

Illinois Supreme Court Rules BIPA Claims Accrue With Each Scan

“On February 17, the Illinois Supreme Court issued its long-awaited decision in Cothron v. White Castle, holding that a claim under Illinois’ Biometric Information Privacy Act (BIPA) is triggered upon each biometric scan, rather than just the first.”  Full Article

– Troutman Pepper

WASHINGTON

Seattle Becomes the First U.S. Jurisdiction to Prohibit Caste Discrimination

“On February 21, 2023, the City of Seattle, Washington became the first U.S. city – or any U.S. jurisdiction for that matter – to add caste to its list1 of categories protected against discrimination.”  Full Article

– Littler Mendelson

MASSACHUSETTS

Massachusetts May Be Next in Line to Enact Pay Transparency Laws

“The proposed law focuses on a broad range of employee and wage data, including the number of employees by race, ethnicity, and gender that fall within certain job categories or roles, and their corresponding wage information.”  Full Article

– Nelson Mullins Riley & Scarborough

NEW JERSEY

New Jersey Enacts First-of-Its-Kind Temporary Workers’ Bill of Rights

“Under the law, employers must pay temporary workers no less than the average rate of pay and cost of benefits provided to company employees in similar positions who perform the same or substantially similar work. It also gives temporary workers rights to certain information on the terms and conditions of their engagement and imposes significant obligations on staffing agencies and their clients.”  Full Article

– Morgan Lewis & Bockius

CALIFORNIA

CA Win for Employers: Ninth Circuit Holds That California AB 51 Prohibiting Mandatory Arbitration is Preempted by the Federal Arbitration Act

““As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a law that prohibited “forced arbitration” as a condition of employment.”  Full Article

– McDermott Will & Emery

Employers, Do No Delay in Responding to A Request for Reasonable Accommodation

“When dealing with a request for reasonable accommodation, “an indeterminate delay has the same effect as an outright denial,” as the U.S. Court of Appeals for the Second Circuit recently noted.”  Full Article

– Shawe Rosenthal LLP

DOL Clarifies Whether FLSA and FMLA Protections Apply to Remote Employees

“The U.S. Department of Labor (DOL) recently issued new guidance regarding how remote employees should be paid under the Fair Labor Standards Act (FLSA) and when they are eligible for leave under the Family and Medical Leave Act (FMLA).”  Full Article

– Phelps Dunbar LLP

ADA and Hearing Disabilities in the Workplace

“The Equal Employment Opportunity Commission (EEOC) issued new technical assistance, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities.”  Full Article

– Jackson Lewis P.C.

EEOC Continues to Prioritize its Focus on the Use of Artificial Intelligence in Employment Decisions

“The EEOC first announced its Artificial Intelligence initiative in 2021. The initiative was created to ensure the use of software, including AI and other technologies used in employment decisions, comply with the federal employment laws it is tasked with enforcing.”  Full Article

– Baker, Sterchi, Cowden & Rice LLC

4 Tips to Avoid (Or At Least Dull) Headaches When Conducting Layoffs in the US

“As we find ourselves firmly in the middle of Q1 of 2023, the avalanche of layoff headlines that started last quarter just keeps coming. Whether you follow the school of thought that the US entered a recession in summer of 2022 (after two consecutive quarters of negative gross domestic product) or not (given a strong labor market and corporate earnings growth), more and more companies are having to address overzealous pandemic hiring and the backlash from soaring company valuations.”  Full Article

– Baker & McKenzie LLP

No Dogs Allowed: Federal Court Rejects Service Dog Accommodation in Hospital Setting

“Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a request from a nursing intern to bring her service dog… to a hospital… around patients? Could this qualify as a reasonable accommodation? In Bennett v. Hurley Medical Center, one federal just says, “not always.”  Full Article

– Bradley Arant Boult Cummings LLP

NEW YORK

New York State Legislature Proposes Amendments to Pay Transparency Law Taking Effect This Year

“The most notable revision would provide that the law applies to remote positions physically performed outside of New York that report to a New York supervisor, office, or work site. The bill is currently before Governor Hochul, and if signed, would become part of the law taking effect in September.”  Full Article

– Proskauer Rose LLP

ILLINOIS

Illinois Equal Pay Certification: A Practical Guide for Employer Compliance

“The EPA Amendments make the Illinois Equal Pay Act one of the most demanding pay transparency statutes in the country because it requires employers with 100 or more employees in Illinois to submit employee pay data and a signed compliance statement to obtain an Equal Pay Registration Certificate (EPRC).”  Full Article

– Littler Mendelson P.C.

NEW JERSEY

Impact of New Jersey’s Just-Signed Temporary Workers’ Bill of Rights

“On February 6, 2023, New Jersey Governor Phil Murphy signed into law A1474/S511, commonly referred to as the “Temporary Workers’ Bill of Rights.” The bill offers additional compensation, benefits and protections for temporary workers, with the cost and burden of compliance placed on employers and staffing agencies that place temporary workers.”  Full Article

– Greenbaum Rowe Smith & Davis LLP

CONNECTICUT

Connecticut Expands Employment Anti-Discrimination Protections

“The Connecticut Fair Employment Practices Act (CFEPA) prohibits discrimination based on many protected characteristics, such as race, age, gender, gender identity, religion, and disability. The CFEPA is broader than federal anti-discrimination laws in both scope (it covers more categories of employees) and reach (it applies to more employers).”  Full Article

– Day Pitney LLP

CALIFORNIA

Ninth Circuit Reverses Itself and Strikes Down California Law Targeting Mandatory Employment Arbitration Agreements

“In a reversal of its prior ruling, the Ninth Circuit recently held that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), a 2019 measure that aimed to bar employers from entering into new agreements—or extending previous ones—requiring job applicants or workers to arbitrate claims under the California Labor Code or California Fair Employment and Housing Act (FEHA).”  Full Article

– Morrison Foerster P.C.

Texas District Court Once Again Vacates Departments’ No Surprises Act Regs

“Health providers asserted that the regulations improperly limited arbitrators’ discretion and improperly weighted the QPA (by making it the ‘de facto benchmark’ for OON reimbursement). The district court concluded that the final regulations’ challenged provisions exceeded the Departments’ authority and conflicted with the NSA.”  Full Article

– Thomson Reuters Practical Law

Healthcare Plans After Dobbs: What Employers Need to Know

“In an age of remote work, even employers based in states such as California where the right to
abortion healthcare has been confirmed, may have employees working remotely in other states which have restrictive abortion laws. Set up a system to monitor legal developments in this area, at the
state, local, and federal levels. Review all relevant plan documents. Consider new plans/plan designs. Review applicable leave laws.”  Full Article

– Boutwell Fay LLP

Agencies Propose Expansion of Contraceptive Care Coverage

“The proposal would create a mechanism, independent from the employer, group health plan, plan sponsor, institution of higher education, or issuer, through which individuals could obtain contraceptive services at no cost from a willing provider of contraceptive services when the employer does not elect the optional accommodation.”  Full Article

– The Wagner Law Group

Public Health Emergency Ends May 11: What Telehealth Companies Need to Know

“While some telehealth waivers will survive the end of the public health emergency (PHE), not every pandemic-era policy will continue. Digital health companies relying on the PHE waivers
should take steps now to bring operations into compliance with the post-PHE world before the PHE ends in May.”  Full Article

– Foley and Lardner LLP

HHS Fact Sheet: COVID-19 Public Health Emergency Transition Road Map

“HHS continues to review the flexibilities and policies implemented during the COVID-19 PHE to determine whether others can and should remain in place, even for a temporary duration, to facilitate jurisdictions’ ability to provide care and resources to Americans. Still, others will expire. This Fact Sheet includes a list of some of the changes people will see in the months ahead.”  Full Article

– U.S. Department of Health and Human Services

Employers Prepare for Thawing ERISA Deadlines

“Although the end of the outbreak period will be the same for each participant and beneficiary, not every deadline will be due to the mass nature of the timeframe beginning dates (the end of the outbreak period), employers, their third-party administrators, COBRA administrators, and other service providers may end up dealing with several ‘batched’ requests from participants, especially for some of the shorter deadlines and more common requests such as HIPAA special enrollment applications and COBRA elections.”  Full Article

– Ogletree Deakins

FLORIDA

Gainesville First City in Florida to Pass Fair Chance Hiring Law Restricting Private Employers’ Use of Criminal History

“In light of these changes, covered employers with operations in Gainesville that use criminal records to vet candidates should consider a privileged review of their policies, procedures, and other documents related to the screening process.”  Full Article

– Littler Mendelson P.C.

MINNESOTA

St. Paul & Bloomington, Minnesota Amend Their Sick and Safe Time Ordinances

“On January 19, 2023, St. Paul, Minnesota Mayor Melvin Carter signed into law amendments to the Earned Sick and Safe Time (ESST) Ordinance, which will take effect 30 days later, on February 18, 2023. Four days later, on January 23, Bloomington enacted amendments to its forthcoming ESST Ordinance that will, like the law itself, first take effect on July 1, 2023.”  Full Article

– Littler Mendelson P.C.

CONNECTICUT

2022 Connecticut Employment Law Recap

“The past year has been filled with employment law developments in Connecticut. Below are summaries of some of the key laws that were passed or went into effect in 2022, with which Connecticut employers should be sure to comply in 2023.”  Full Article

– Day Pitney LLP

ILLINOIS

Illinois Legislature Passes Mandatory Paid Leave for Any Purpose, to be Effective in 2024

“The new law would require nearly all Illinois employers to provide employees with up to 40 hours of paid leave per year. Assuming it is signed, this requirement will be effective in January 2024, and the paid leave will be able to be used for any purpose.”  Full Article

– Levenfeld Pearlstein P.C.

CALIFORNIA

Not so FAST– AB 257 on Hold Pending Voter Referendum in 2024

“On January 24, 2023, the California Secretary of State completed its verification process and qualified a referendum challenging Assembly Bill (AB) 257, also known as the FAST Recovery Act for the November 2024 ballot. In the meantime, the law will not take effect unless it is approved by voters in the November 2024 election.”  Full Article

– Jackson Lewis P.C.

Job Duties – Not the Job Title – Matter for Equal Pay Claims

“Two different cases this month make the point that it is an employee’s actual responsibilities, and not just the job title, that is critical to a claim of pay discrimination under the EPA.”  Full Article

– Shawe Rosenthal LLP

An Employee is Protected by the FMLA, Even if the Requested Leave Did Not Actually Qualify

“The Family and Medical Leave Act protects employees who request unpaid leave for family illness, even if the request does not lead to actual FMLA leave, according to the U.S. Court of Appeals for the Sixth Circuit.”  Full Article

– Shawe Rosenthal LLP

Employees May be Held Accountable for Failing to Follow Employer’s FMLA Protocols

“In a helpful case for employers, another federal appellate court has reiterated that employees who fail to comply with the employer’s notice and information protocol for leave will not be protected under the Family and Medical Leave Act.”  Full Article

– Shawe Rosenthal LLP

An Introduction to Workers’ Compensation Insurance for Construction Companies and Contractors

“A workers’ compensation policy typically provides insurance for accidents on-site or in the workplace, and other injuries sustained while working. This coverage includes medical expenses, lost wages, worker death, and related costs.”  Full Article

– Saxe, Doernberger & Vita P.C.

Legislation Reintroduced to Congress to Ban Non-Compete Agreements and Seeking to Go Even Further than FTC’s Proposed Ban

“US Senator Chris Murphy (D-Conn.) and US Senator Todd Young (R-Ind.) on February 1st reintroduced the Workforce Mobility Act. The legislation would ban the use of non-compete agreements with some limited exceptions.”  Full Article

– Seyfarth Shaw LLP

New Workplace Protections for Pregnant and Nursing Moms

“The Consolidated Appropriations Act of 2023 (“CAA”) (the $1.7 trillion government funding bill) includes provisions that provide Federal workplace protections for pregnant and nursing moms.[1] When President Biden signed the CAA on December 29, 2022, two new laws went into effect: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act took effect immediately, while the PWFA will not go into effect until June 2023.”  Full Article

– Dickinson, Mackaman Tyler & Hagen P.C.

FLORIDA

Gainesville First City in Florida to Pass Fair Chance Hiring Law Restricting Private Employers’ Use of Criminal History

“In light of these changes, covered employers with operations in Gainesville that use criminal records to vet candidates should consider a privileged review of their policies, procedures, and other documents related to the screening process.”  Full Article

– Littler Mendelson P.C.

MINNESOTA

St. Paul & Bloomington, Minnesota Amend Their Sick and Safe Time Ordinances

“On January 19, 2023, St. Paul, Minnesota Mayor Melvin Carter signed into law amendments to the Earned Sick and Safe Time (ESST) Ordinance, which will take effect 30 days later, on February 18, 2023. Four days later, on January 23, Bloomington enacted amendments to its forthcoming ESST Ordinance that will, like the law itself, first take effect on July 1, 2023.”  Full Article

– Littler Mendelson P.C.

CONNECTICUT

2022 Connecticut Employment Law Recap

“The past year has been filled with employment law developments in Connecticut. Below are summaries of some of the key laws that were passed or went into effect in 2022, with which Connecticut employers should be sure to comply in 2023.”  Full Article

– Day Pitney LLP

ILLINOIS

Illinois Legislature Passes Mandatory Paid Leave for Any Purpose, to be Effective in 2024

“The new law would require nearly all Illinois employers to provide employees with up to 40 hours of paid leave per year. Assuming it is signed, this requirement will be effective in January 2024, and the paid leave will be able to be used for any purpose.”  Full Article

– Levenfeld Pearlstein P.C.

CALIFORNIA

Not so FAST– AB 257 on Hold Pending Voter Referendum in 2024

“On January 24, 2023, the California Secretary of State completed its verification process and qualified a referendum challenging Assembly Bill (AB) 257, also known as the FAST Recovery Act for the November 2024 ballot. In the meantime, the law will not take effect unless it is approved by voters in the November 2024 election.”  Full Article

– Jackson Lewis P.C.

Workplace Wellness Trends to Watch in 2023

“Hybrid work will be here to stay, along with the rise of the four-day work week.. Mental well-being has taken center stage, the labor movement will grow, and well-being is considered a shared responsibility.”  Full Article

– HR Daily Advisor

Employer Health Plans Face Competition for High Quality Doctors

“Employer-sponsored commercial plans, which cover about 157 million people in the US, typically pay higher rates for health-care services than Medicare’s fee-for-service system, which pays for each individual service. But Medicare Advantage, a private plan alternative to traditional Medicare, is rapidly gaining popularity, covering more than 28 million people in 2022.”  Full Article

– Bloomberg Law

Health Savings Account Balances, Contributions, Distributions, and Other Vital Statistics, 2021

“Despite a rebound in out-of-pocket health care spending in 2021, HSA balances increased on average over the course of the year. Accounts that received an employer contribution saw higher total contributions and were more likely to invest. Most accountholders took a distribution in 2021. Age and tenure play a major role in HSA utilization.”  Full Article

– Employee Benefit Research Institute

What the Inflation Reduction Act’s Reforms to Medicare Part D Mean for Prescription Drug Prices

“Much has been written about the act’s individual provisions, but little has been said about how they fit together as a whole. In fact, these seemingly standalone reforms act together to reshape access and affordability of branded prescription drugs under Medicare Part D, while also leaving the door open to further reforms.”  Full Article

– Health Affairs Forefront

Reductions in Force: COBRA and Internal Revenue Code Considerations

“If an employer intends for the COBRA continuation period to run concurrently with the subsidized coverage from the date of the qualifying event, the severance documentation should make this clear, and COBRA notices should be sent accordingly. Otherwise, the employee may mistakenly believe and argue that the COBRA continuation coverage begins when the subsidy ends.”  Full Article

– Walters Kluwer

Court Holds the Health Insurer’s TPA Activities Are Subject to ACA Section 1557

“The court held that under the plain language of Section 1557, the insurer’s TPA activities constitute the operation of a health program or activity. The insurer argued that under the 2020 regulations, Section 1557 does not apply to its TPA activities because those actions are not ‘healthcare activities’ and because it does not receive any federal financial assistance for them, but the court rejected those arguments, explaining that the 2020 regulations are clearly contrary to the statute and appear to be arbitrary, capricious, and contrary to law.”  Full Article

– Thomson Reuters/ EBIA

NEW JERSEY

Signed, Sealed, Delivered: New Jersey Implements Long-Delayed Landmark WARN law

“On January 10, 2023, Governor Philip D. Murphy signed into law S3162/ A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists.”  Full Article

– Littler Mendelson P.C.

CALIFORNIA

Challenges and Opportunities in California’s New Pay Transparency Rules

“California’s new pay transparency rules generally fall into three disclosure categories: job-posting requirements, pay scale requests and pay data disclosures. For new hire job postings, employers with 15 or more employees must disclose the reasonably expected pay scale, both for salaried and hourly employees.”  Full Article

– Duane Morris LLP

NEW YORK

New York Requires Employers to Provide Electronic Versions of Mandatory Workplace Postings

“Before the amendment, the law required that certain legal notices be posted conspicuously in the workplace. Now, employers must also make digital versions of the physical notices available, either on the employer’s website or via email.”  Full Article

– Cooley LLP

MARYLAND

Maryland Expands the Scope of Conduct that Constitutes Sexual Harassment in the Workplace

“Recently, Maryland Senate Bill 450 (SB 450) went into effect, revising the definition of sexual harassment in the workplace by changing the standard of sexual harassment from “severe or pervasive” conduct to the “totality of the circumstances” in sexual harassment cases.”  Full Article

– Shulman Rogers

ILLINOIS

Illinois Legislature Passes Paid Leave for All Workers Act

“On January 10, 2023, the Illinois Legislature passed the Paid Leave for All Workers Act (“Act”), which Illinois Governor J.B. Pritzker has also announced his intention to sign. The Act will take effect on January 1, 2024, and it provides nearly all Illinois workers with a minimum of forty (40) hours, or a pro-rated number of hours, of paid leave during a designated 12-month period.”  Full Article

– Thompson Hine LLP

What’s in Store for the Next Four Years? The EEOC’s Strategic Plan

“In its draft EEOC Strategic Plan 2022- 2026 (released November 4, 2022), the agency sets forth 3 overarching goals and 15 identified performance measures for the purpose of achieving those goals.”  Full Article

– Akerman LLP

Wage Transparency Laws Create Labor Cert. Hurdles

“Varying in scope, these laws will likely change the permanent labor certification, or PERM, process required for certain employer-sponsored foreign nationals and will require employers to consider their job advertisement strategy for PERM positions nationally.”  Full Article

– Morgan Lewis & Bockius LLP

An Employee “on Thin Ice” Cannot Insulate Herself with the FMLA

“The Family and Medical Leave Act protects the use of qualifying leave for an employee’s (or their family member’s) serious health condition – but does not insulate the employee from all attendance and performance issues, as the U.S. Court of Appeals for the Eighth Circuit recently reminded employers.”  Full Article

– Shawe Rosenthal LLP

Oh Baby, Baby: New Laws Protecting Pregnant and Breastfeeding Employees

“Effective December 29, 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act, also known as The PUMP Act, expanded protections for breastfeeding mothers and, effective June 2023, the Pregnant Workers Fairness Act (PWFA) will provide new protections for pregnant employees.”  Full Article

– Bradley Arant Boult Cummings LLP

A Deeper Dive into FTC’s Proposed Non-Compete Rule

“The Federal Trade Commission (FTC) proposed a new rule that, if made final, would (at least on its face) effectively prohibit non-compete agreements other than in very limited circumstances. The proposed rule, which would supersede all contrary state laws, is remarkable for its sweeping definition of “non-compete clauses” that fall within the ban.”  Full Article

– Jackson Lewis P.C

From Snowmageddon to Snowpocalypse: OSHA Highlights Potential Winter Weather Hazards

“Employers must remember that weather-based hazards exist not only in the heat and humidity of summer, but also in the dead of winter. OSHA has reminded employers of their duties to plan, equip, and train their workers for jobs impacted by winter weather in an effort to “[p]revent injuries, illnesses, and fatalities during winter storms.”  Full Article

– Seyfarth Shaw LLP

NEW JERSEY

Signed, Sealed, Delivered: New Jersey Implements Long-Delayed Landmark WARN law

“On January 10, 2023, Governor Philip D. Murphy signed into law S3162/ A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists.”  Full Article

– Littler Mendelson P.C.

CALIFORNIA

Challenges and Opportunities in California’s New Pay Transparency Rules

“California’s new pay transparency rules generally fall into three disclosure categories: job-posting requirements, pay scale requests and pay data disclosures. For new hire job postings, employers with 15 or more employees must disclose the reasonably expected pay scale, both for salaried and hourly employees.”  Full Article

– Duane Morris LLP

NEW YORK

New York Requires Employers to Provide Electronic Versions of Mandatory Workplace Postings

“Before the amendment, the law required that certain legal notices be posted conspicuously in the workplace. Now, employers must also make digital versions of the physical notices available, either on the employer’s website or via email.”  Full Article

– Cooley LLP

MARYLAND

Maryland Expands the Scope of Conduct that Constitutes Sexual Harassment in the Workplace

“Recently, Maryland Senate Bill 450 (SB 450) went into effect, revising the definition of sexual harassment in the workplace by changing the standard of sexual harassment from “severe or pervasive” conduct to the “totality of the circumstances” in sexual harassment cases.”  Full Article

– Shulman Rogers

ILLINOIS

Illinois Legislature Passes Paid Leave for All Workers Act

“On January 10, 2023, the Illinois Legislature passed the Paid Leave for All Workers Act (“Act”), which Illinois Governor J.B. Pritzker has also announced his intention to sign. The Act will take effect on January 1, 2024, and it provides nearly all Illinois workers with a minimum of forty (40) hours, or a pro-rated number of hours, of paid leave during a designated 12-month period.”  Full Article

– Thompson Hine LLP