We recently authored an article for Washington Legal Foundation examining whether federal law preempts state prescription drug coverage laws that would apply to employer-sponsored group health plans. According to a provision in the Employee Retirement Income Security Act of 1974 (ERISA), state laws that “relate to” employee benefit plans are preempted by ERISA standards. Unfortunately, as we pointed out in the article, this “related to” statement is broad and vague.

Continue Reading State Prescription Drug Legislation and ERISA Preemption

On July 12, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 FAQs and as a result, revised certain earlier guidance regarding permissible COVID-19 testing, workplace screening, and return to work certifications. The EEOC explained that this revised guidance was due in part to the evolving circumstances of the pandemic but cautioned that these revisions were not intended to suggest that workplace safety policies related to COVID-19 were no longer warranted.

Continue Reading EEOC’s Updated Guidance on COVID-19 Testing in the Workplace

On July 15, the U.S. District Court for the Eastern District of Tennessee entered a preliminary injunction barring the Equal Employment Opportunity Commission (EEOC) and the Department of Education (ED) from enforcing guidance documents issued to interpret Title VII of the Civil Rights Act of 1964 (Title VII) and Title IX of the Education Amendments Act of 1972 (Title IX) to prohibit discrimination based on sexual orientation and gender identity.

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Starting July 1, 2022, employers that maintain group health plans (plans) and health insurance issuers (issuers) will be required to disclose pricing information on a public website in the form of three machine-readable files (MRFs). This requirement is one of the Transparency in Coverage Final Rules (the Rules) released by the Department of Health and Human Services (HHS), the Department of Labor (DOL), and the Department of the Treasury (collectively, the Departments) in November 2020.

Continue Reading Enforcement of the Transparency in Coverage Public Disclosure Requirement Rapidly Approaching

We are excited to share the final installment of our video series, Conducting Workplace Investigations | Step #10: Communicate Results. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.

Continue Reading Conducting Workplace Investigations: Step #10 – Communicate Results (VIDEO)

We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #9: Take Disciplinary Action. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.

Continue Reading Conducting Workplace Investigations: Step #9 – Take Disciplinary Action (VIDEO)

 

We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #8: Assess Your Results. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.

Continue Reading Conducting Workplace Investigations: Step #8 – Assess Your Results (VIDEO)

I recently provided insight for an article in SHRM that outlined the requirements for anti-harassment training programs in the workplace. On March 3, 2022, President Biden signed a law banning the enforcement of mandatory arbitration agreements for claims of sexual-assault and sexual-harassment in the workplace. Employers should consider updating any anti-harassment training programs in light of this new law.

Continue Reading Anti-Harassment Training Requirements

We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #7: Interview the Accused. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.

Continue Reading Conducting Workplace Investigations: Step #7 – Interview the Accused (VIDEO)

Over the past two years, the pandemic has forced employers to navigate unchartered waters. The focus on health and safety, managing a remote workforce, and staying abreast of the evolving COVID-19-related guidance has left in-house counsel and human resources professionals with little time to focus on the fundamental steps essential to proactively and successfully manage employee issues. While the challenges associated with COVID-19 remain at the forefront of employers’ concerns, it is time to return to familiar waters and revisit some of the best HR-related practices.

We are excited to offer the final installment of this three-part series, both in-person and virtually, via webinar. For those local to the Nashville area, we invite you to join the Bass, Berry & Sims labor & employment attorneys for the in-person presentation where they will address best practices across a range of topics, including:

  • The keys to performance management: establishing and managing performance expectations.
  • Tips for managing difficult employees.
  • Making termination decisions while ensuring compliance with legal requirements.

Continue Reading [WEBINAR] Best Practices for Managing Performance and Challenging Employees

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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