May 1, 2023
On April 20, 2023, the United States Court of Appeals for the Third Circuit issued an opinion, in Crozer Chester Medical Center v. NLRB, finding that two employers violated the National Labor Relations Act (“NLRA”) by refusing to produce portions of an Asset Purchase Agreement (“APA”) requested by a union.
By way of background, Crozer-Chester Medical Center (“Crozer”)—a nonprofit healthcare…
March 30, 2023
On February 2, 2023, we shared that the Biden Administration announced it plans to end the COVID-19 Public Health Emergency and the related National Emergency on May 11, 2023. (https://www.jacksonkelly.com/labor-employment-personnel-blog/preparing-group-health-plans-for-the-end-of-covid-19-emergency-periods.) Yesterday, the Departments of Labor (DOL), Health and Human Services (HHS), and the…
February 2, 2023
In response to the COVID-19 pandemic, several temporary rules were enacted that govern employer-sponsored health plans. Some mandates, such as the requirement that health plans cover without cost-sharing COVID-19 diagnostic tests, apply for the duration of a designated “Public Health Emergency.” Others require group health plans to disregard, or toll, what is known as the “Outbreak Period” when…
July 1, 2021
Learn about the latest changes in labor and employment law in the attached JK Defense Newsletter. Our topics focus on new Tri-State issues ranging from workplace accommodations for pregnant employees (Indiana), the use of employee conviction records in hiring decisions (Illinois), and the type of leave available for adoptive parents (Kentucky).
December 28, 2020
On Sunday, December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021,” (“the Act”) which includes a subtle, yet significant, amendment to the Families First Coronavirus Response Act (“FFCRA”).
To review, the FFCRA became effective on April 1, 2020, and requires employers with fewer than 500 employees to provide two types of paid leave regarding Covid-19: (1) Emergency…
May 5, 2020
What is the relationship between Pandemic Unemployment Compensation ("PUC") and the payroll requirements of the Paycheck Protection Program ("PPP") loan forgiveness? The PPP rules tie loan forgiveness to an employer’s payroll, full-time equivalent census, and reductions in payroll. Pandemic Unemployment Compensation provides enhanced unemployment benefits of $600 per week. But there is tension…
April 30, 2020
On April 29, the Departments of Labor and the Treasury, in consultation with the Department of Health and Human Services, issued a new final rule with respect to extensions of time for various deadlines related to employee benefit plans. The new rule extends timeframes with respect to HIPAA, COBRA and ERISA claims for benefits by disregarding the “Outbreak Period,” defined as the period from…
March 2, 2020
On February 26, 2020, the United States Supreme Court issued a significant and unanimous ERISA decision inIntel Corporation Investment Policy Committee v. Sulyma where the Court held that a plaintiff must have actual knowledge of an alleged fiduciary breach to trigger a shorter three-year statute of limitations period. According to the decision, a plan participant does not have actual knowledge…
January 2, 2020
In a December 16, 2018 blog post, we shared an opinion from a district court in Texas holding that the individual mandate provision of the Affordable Care Act is unconstitutional because Congress eliminated the tax penalty associated with that mandate as part of the Tax Cuts and Jobs Act of 2017. The court opined that, because the United State Supreme Court previously upheld the individual…
January 6, 2019
Since we just turned the page on 2018, it is time to focus on what labor and employment law developments may be in store for employers in 2019. This post highlights several labor and employment regulatory and case law developments that may come to fruition this year.
1. The U.S. Equal Employment Opportunity Commission (EEOC) is scheduled to release a new proposal in June regarding how employers…
December 16, 2018
The highly publicized decision from a federal district court judge in Texas declaring the Affordable Care Act unconstitutional has raised serious questions across America, not the least of which is – Is the Affordable Care Act still the law of the land? The answer for the time-being is, yes.
Late Friday night, the Texas district court held that the individual mandate provision of the ACA was…
October 10, 2018
Download invitation here
May 1, 2023
On April 20, 2023, the United States Court of Appeals for the Third Circuit issued an opinion, in Crozer Chester Medical Center v. NLRB, finding that two employers violated the National Labor Relations Act (“NLRA”) by refusing to produce portions of an Asset Purchase Agreement (“APA”) requested by a union.
By way of background, Crozer-Chester Medical Center (“Crozer”)—a nonprofit healthcare…
March 30, 2023
On February 2, 2023, we shared that the Biden Administration announced it plans to end the COVID-19 Public Health Emergency and the related National Emergency on May 11, 2023. (https://www.jacksonkelly.com/labor-employment-personnel-blog/preparing-group-health-plans-for-the-end-of-covid-19-emergency-periods.) Yesterday, the Departments of Labor (DOL), Health and Human Services (HHS), and the…
February 2, 2023
In response to the COVID-19 pandemic, several temporary rules were enacted that govern employer-sponsored health plans. Some mandates, such as the requirement that health plans cover without cost-sharing COVID-19 diagnostic tests, apply for the duration of a designated “Public Health Emergency.” Others require group health plans to disregard, or toll, what is known as the “Outbreak Period” when…
July 1, 2021
Learn about the latest changes in labor and employment law in the attached JK Defense Newsletter. Our topics focus on new Tri-State issues ranging from workplace accommodations for pregnant employees (Indiana), the use of employee conviction records in hiring decisions (Illinois), and the type of leave available for adoptive parents (Kentucky).
December 28, 2020
On Sunday, December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021,” (“the Act”) which includes a subtle, yet significant, amendment to the Families First Coronavirus Response Act (“FFCRA”).
To review, the FFCRA became effective on April 1, 2020, and requires employers with fewer than 500 employees to provide two types of paid leave regarding Covid-19: (1) Emergency…
May 5, 2020
What is the relationship between Pandemic Unemployment Compensation ("PUC") and the payroll requirements of the Paycheck Protection Program ("PPP") loan forgiveness? The PPP rules tie loan forgiveness to an employer’s payroll, full-time equivalent census, and reductions in payroll. Pandemic Unemployment Compensation provides enhanced unemployment benefits of $600 per week. But there is tension…
April 30, 2020
On April 29, the Departments of Labor and the Treasury, in consultation with the Department of Health and Human Services, issued a new final rule with respect to extensions of time for various deadlines related to employee benefit plans. The new rule extends timeframes with respect to HIPAA, COBRA and ERISA claims for benefits by disregarding the “Outbreak Period,” defined as the period from…
March 2, 2020
On February 26, 2020, the United States Supreme Court issued a significant and unanimous ERISA decision inIntel Corporation Investment Policy Committee v. Sulyma where the Court held that a plaintiff must have actual knowledge of an alleged fiduciary breach to trigger a shorter three-year statute of limitations period. According to the decision, a plan participant does not have actual knowledge…
January 2, 2020
In a December 16, 2018 blog post, we shared an opinion from a district court in Texas holding that the individual mandate provision of the Affordable Care Act is unconstitutional because Congress eliminated the tax penalty associated with that mandate as part of the Tax Cuts and Jobs Act of 2017. The court opined that, because the United State Supreme Court previously upheld the individual…
January 6, 2019
Since we just turned the page on 2018, it is time to focus on what labor and employment law developments may be in store for employers in 2019. This post highlights several labor and employment regulatory and case law developments that may come to fruition this year.
1. The U.S. Equal Employment Opportunity Commission (EEOC) is scheduled to release a new proposal in June regarding how employers…
December 16, 2018
The highly publicized decision from a federal district court judge in Texas declaring the Affordable Care Act unconstitutional has raised serious questions across America, not the least of which is – Is the Affordable Care Act still the law of the land? The answer for the time-being is, yes.
Late Friday night, the Texas district court held that the individual mandate provision of the ACA was…
October 10, 2018
Download invitation here
