Archive for the ‘Legal Updates’ Category

DOJ To Announce Criminal Enforcement Actions For “No-Poach” Agreements

January 29, 2018  |   Legal Updates   |     |   Comments Off on DOJ To Announce Criminal Enforcement Actions For “No-Poach” Agreements

Attorneys: Timothy F. Haley, Ashley K. Laken Seyfarth Synopsis: Criminal prosecution of “no-poaching/no-hire” agreements appears imminent.  Employers should investigate their hiring and compensation practices to ensure compliance with recent antitrust pronouncements. Background In October 2016, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) under the Obama Administration issued a joint Antitrust Guidance for Human Resource Professionals (“HR Guidance,” available here).  Among other things, the HR Guidance announced that so-called ...

Tax Reform Impacts Confidentiality in Sexual Harassment Settlements

January 25, 2018  |   Legal Updates   |     |   Comments Off on Tax Reform Impacts Confidentiality in Sexual Harassment Settlements

By Katherine H Marques The recently enacted Tax Cuts and Jobs Act (the Act) contains a largely unnoticed provision worth the attention of human resources professionals and legal counsel who draft and implement settlement agreements and releases of employee claims. Under the Act, the new Internal Revenue Code Section 162(q) – which took effect on Dec. 22, 2017 – now expressly denies taxpayers the ...

White House Says It Will End Key Obamacare Subsidies to Insurers

October 13, 2017  |   Legal Updates   |     |   Comments Off on White House Says It Will End Key Obamacare Subsidies to Insurers

by PHIL HELSEL, ALEX JOHNSON and BENJY SARLIN The White House announced late Thursday that it would no longer reimburse insurers for lowering costs for customers under the Affordable Care Act, a decision Democrats condemned as "spiteful." President Donald Trump had indicated he was considering cutting off the payments in order to increase pressure on lawmakers to repeal the ACA, also known ...

CHIP Reauthorization Legislation and Medicare-Medicaid Extender Provisions

October 10, 2017  |   Legal Updates   |     |   Comments Off on CHIP Reauthorization Legislation and Medicare-Medicaid Extender Provisions

By Ethan Jorgensen-Earp Robert H Bradner Lisa V Tofil In this memorandum, Holland & Knight's Healthcare & Life Sciences Team summarizes recent legislative action on funding for the Children's Health Insurance Program (CHIP). The Senate Finance Committee and the House Energy and Commerce Committee on Oct. 4, 2017, approved each chamber's respective draft legislation to extend funding ...

If Republicans Agree on 80% of Tax Reform, What’s the Other 20%?

August 31, 2017  |   Legal Updates   |     |   Comments Off on If Republicans Agree on 80% of Tax Reform, What’s the Other 20%?

By: Carolyn Smith at Alston and Bird Senate Finance Committee Chairman Orrin Hatch (R-UT) and House Ways and Means Chairman Kevin Brady (R-TX) have both stated that Republicans agree on about 80% of tax reform. The needle might have moved closer to 90% with the recent announcement from the Big Six—Treasury Secretary Steven Mnuchin, National Economic Council Director Gary Cohn, House Speaker Paul Ryan (R-WI), Senate Majority Leader Mitch McConnell (R-KY), and Chairmen Hatch ...

Employee FMLA Retaliation Case Survives Dismissal – How Can You Avoid Similar Problems

August 21, 2017  |   Legal Updates   |     |   Comments Off on Employee FMLA Retaliation Case Survives Dismissal – How Can You Avoid Similar Problems

Overview The court in this case, the United States District Court for the District of South Carolina, was reviewing a Magistrate Judge’s (MJ) recommendation that the Court partially grant and partially deny Defendant Equilon Enterprises, LLC's (“SOPUS” or Employer) motion for summary judgment. SOPUS objected to portions of the MJ’s Report and Recommendation (R&R). The District court overruled the employer's objections, and adopted the MJ’s R & R in this case, see below.1 Court’s Decision In this case, ...

Washington Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

August 02, 2017  |   Legal Updates   |     |   Comments Off on Washington Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

By Jennifer Mora and Vanessa Lee July 20, 2017 Last month, a Washington federal district court judge ordered an employer to pay a terminated employee a little over $1.8 million in damages for failing to accommodate the employee’s use of opioids that had been prescribed to treat her migraines, and for terminating her for a positive drug test result.1  Although employers typically have a right to implement ...

Capitol Hill Healthcare Update

August 01, 2017  |   Legal Updates   |     |   Comments Off on Capitol Hill Healthcare Update

By Mike Ferguson, Chris Jones, Adam Higgins and Tyler Thompson on July 31, 2017 Editor’s Note – The next Capitol Hill Healthcare Update will be published after Labor Day when Congress reconvenes following its August recess. Republicans Contemplate Next Steps Amid ACA Flameout Congressional Republicans and President Donald Trump face a series of key questions about how ...

Think Tanks Release Compromise Proposal for Paid Parental Leave

June 06, 2017  |   Legal Updates   |     |   Comments Off on Think Tanks Release Compromise Proposal for Paid Parental Leave

BY MICHAEL J. LOTITO AND ILYSE SCHUMAN ON JUNE 6, 2017 The American Enterprise Institute (AEI)-Brookings Working Group on Paid Family Leave has issued a new report analyzing the costs and benefits of implementing a national paid leave program, and laying out a compromise proposal for lawmakers to consider. The compromise outlined in the report—Paid Family and ...

Zenefits Fined by NY Regulator for Unlicensed Insurance Sales

April 12, 2017  |   Legal Updates   |     |   Comments Off on Zenefits Fined by NY Regulator for Unlicensed Insurance Sales

By REUTERS April 11, 2017, 2:00 P.M. E.D.T. NEW YORK — Health benefits broker Zenefits was fined $1.2 million with New York's financial services regulator on Tuesday for letting unlicensed employees solicit, negotiate and sell insurance policies, the latest regulatory blow for the software startup. Zenefits in 2014 and 2015 engaged in "repeated" violations of the state's insurance law, including failures to maintain ...