Like a 401(k) plan, a group health plan must comply with ERISA’s rule that prohibits a plan fiduciary from paying more than a reasonable amount for services provided to the plan. When a group health plan offers insured benefits, service
Employment & Labor
Bill 88: More Changes to Employment Related Legislation
2022 has been a busy year already for employers and policy drafters, but more changes are on the way. Bill 88, also known as the Working for Workers Act, 2022, was passed on April 11, 2022 and prescribes a…
Florida expands definition of “discrimination” and increases employer liability for discrimination in workplace diversity training
Florida Governor Ron DeSantis signed a bill into law that prohibits employers from implementing discriminatory practices in their diversity training programs, effective July 1, 2022. The bill, known as the “Individual Freedom Act,” amends the Florida Civil Rights…
It’s All Over but the Crying: Damages for Emotional Injuries Not Available Under Certain Anti-Discrimination Statutes
Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain discrimination claims.…
Supreme Court to Review Fifth Circuit’s Oil Rig “Day Rate” Case
In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day that he works (i.e., on a “day rate” basis) does not satisfy the…
May Mental Health Tips!
In honor of Mental Health Awareness Month in May, Legal Innovators is sharing some Mental Health and Wellness Tips! These tips are small things you can do day-to-day to help you improve your mental health and wellbeing. Check out…
Coffee Talk With Benefits Episode 2: Benefit Plan Beneficiary Designation Issues
Navigating the appropriate handling of a deceased participant’s plan benefit is an all too common concern for retirement administrators. What’s the big deal? Seems like it should be simple enough — just pay the beneficiary — but in practice it…
Rehearing Requested on Second Circuit Decision Requiring Plan Participants to End Employment Before Seeking Retirement Benefits
On April 15, 2022, participants in the U.A. Plumbers & Steamfitters Local 22 Pension Fund filed a petition for panel and en banc rehearing of the Second Circuit’s ruling in favor of the pension plan’s decision to retroactively require plan…
U.S. Supreme Court Declines to Review CA Auto-IRA Program Win
The U.S. Supreme Court denied a petition to review a recent ruling by the U.S. Court of Appeals for the Ninth Circuit that upheld the legality of California’s automatic retirement savings program. The case is Howard Jarvis Taxpayers Association et…
Washington Healthcare Update | May 2, 2022
This Week in Washington: CMS announces the 2023 Notice of Benefit and Payment Parameters Final Rule
Congress
House
Republican Healthy Future Task Force Announces Solutions to Drug Costs and Increasing Access to Cures
On April 29, the Healthy Future Task…