This post was updated on February 6, 2024, to reflect the 2024 Federal Poverty Level announced in January 2024.

On August 23, 2023, the Internal Revenue Service issued Rev. Proc. 2023-29, announcing that the Affordable Care Act (ACA) affordability threshold will be 8.39% for plan years beginning in 2024, a substantial decrease from the 9.12% affordability threshold set for plan year 2023. This marks the largest change yet in the affordability thresholds year-over-year. The affordability threshold is used to determine whether employer-sponsored health coverage is affordable for purposes of the ACA’s employer-shared responsibility provisions.

Continue Reading UPDATE: Planning for Open Enrollment? Note the ACA Affordability Threshold Drop

On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”

Continue Reading A Cautionary Tale Regarding the “Reasonable Belief” Doctrine

As we kick off a new year, there are already a number of recent decisions at the state and federal levels impacting future considerations for employers and workplace policy.

We invite you to join the Bass, Berry & Sims labor & employment attorneys for a lively presentation as they discuss the significant legal developments impacting employers as we look ahead to 2024.

Continue Reading Register Now: New Year…New Laws…New Challenges for Employers Webinar

The U.S. Department of Labor (DOL) issued its Final Rule regarding the test for independent contractor classification.  The Final Rule, which becomes effective March 11, 2024, largely mirrors the DOL’s proposed rule announced in 2022 and sets forth a multi-factor “totality of the circumstances” economic realities framework for analyzing whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).

Continue Reading DOL Issues Final Rule Regarding Independent Contractor Classification

As we enter 2024, there are a few employment law issues to keep top of mind. Below is a list of the top five HR policies and key issues to review as we head into the New Year:

Continue Reading Top Five 2024 Employee Policies and Issues Check Up

I was quoted in a recent article published by Society for Human Resource Management (SHRM) exploring ways employers react to employees rescinding their resignation. In some cases, employers might allow the employee to stay, but I offered insight on the legal considerations when making this decision.

Continue Reading Ways Employers Can React to Employees Rescinding a Resignation

By December 31, 2023, group health plans and health insurance issuers must submit an attestation to certify compliance with the “gag clause prohibition” under the Consolidated Appropriations Act of 2021 (CAA).

Continue Reading Let the Plan Speak: First Gag Clause Attestation Due December 31, 2023


NOTE: This post was originally written October 31, 2023, and was updated on December 12, 2023.

The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, the NLRB recently voted to delay by 2 months and is now set to go into effect on February 26, 2024, drastically broadens the scope of who can be considered a joint employer under the NLRA.

Continue Reading NLRB Issues New Rule Broadening Joint-Employer Status

NOTE: This post was originally written August 29, 2023, and was updated on September 27, 2023.

Breaking news: On September 19, 2023, the Oklahoma Attorney General filed a Petition for En Banc Rehearing, challenging the Tenth Circuit panel’s decision in this case and requesting a rehearing before the full Tenth Circuit bench. The Oklahoma Attorney General argued in his Petition that the panel’s decision contradicted established Supreme Court precedent and recent circuit court decisions regarding the scope of ERISA preemption, failed to address the ERISA “savings clause,” and was overbroad in its articulation of Medicare Part D preemption. On September 25, 2023, the Tenth Circuit ordered PCMA to respond to the Petition. We will provide further updates as this matter develops.

Continue Reading Tenth Circuit Rules ERISA Preempts Oklahoma PBM-Reform Law