Labor & Employment News AlertEmployee benefitsThird Circuit Reminds Employers That Unions Can Review Portions of Asset Purchase AgreementsMay 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… Agencies Issue FAQs for Group Health Plans Regarding the End of the COVID-19 Emergency PeriodsMarch 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… Preparing Group Health Plans for the End of COVID-19 Emergency PeriodsFebruary 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… The Latest Edition of the JK Defense NewsletterJuly 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). Families First Coronavirus Response Act Paid Leave Benefits Extended (sort of)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… PUC and PPP IntersectionMay 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… Group Health Plan Deadlines ExtendedApril 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… Supreme Court Rules in Favor of Retirement Plan ParticipantsMarch 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… ACA: Another Court Decision but Questions RemainJanuary 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… An Early Look at Federal Labor and Employment Law Developments in 2019January 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… ACA: Alive and Well or on Death’s Doorstep?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… There's still time to register! Attend the Employment Law Seminar: Trends in WV Employment, Labor and Benefits LawOctober 10, 2018 Download invitation here |
|
© 2024 Jackson Kelly PLLC. All Rights Reserved.