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Continue Reading Register Now: The Evolving Workplace: No Longer Business as Usual WebinarOn September 17, Florida Attorney General James Uthmeier announced that Starbucks agreed to pay $1 million and undertake several commitments to resolve a lawsuit alleging that Starbucks engaged in employment practices that violated the Florida Civil Rights Act through race- and sex-based goals, quotas, and preferences. The settlement comes amid increased federal enforcement involving similar
On September 14, the U.S. Department of Justice (DOJ) announced that Accenture Federal Services (AFS), Accenture plc, and Accenture LLP (collectively, Accenture or AFS) agreed to pay $25 million to resolve allegations that AFS violated the False Claims Act (FCA) by falsely certifying compliance with anti-discrimination requirements in its federal contracts while engaging in employment
On August 26, the U.S. Departments of Labor, Health and Human Services, and the Treasury (the Tri-Agencies) jointly issued FAQ Part 74, new guidance addressing HIPAA wellness program rules under the Affordable Care Act (ACA). The guidance responds directly to questions raised by the wave of class action lawsuits challenging tobacco surcharges that some employers impose through workplace wellness programs and clearly states that employers are not required to offer retroactive rewards or removal of penalties where participants complete a reasonable alternative standard in the middle of a plan year under a properly designed wellness program.
Continue Reading Tobacco Surcharge Claims Up in Smoke? DOL, HHS, and Treasury Issue FAQ 74: Addressing Questions Raised by Tobacco Surcharge Lawsuits
The U.S. Department of Justice (DOJ) announced on August 25 that Deloitte has agreed to pay $21.5 million to resolve allegations that certain diversity, equity, and inclusion (DEI) practices discriminated against employees and applicants based on race or sex and caused the company to submit false claims for payment under federal contracts. The settlement is
On August 7, James Macy, a Republican, was confirmed by the Senate to become the third Republican member of the National Labor Relations Board (NLRB or Board). David Prouty, a Democrat, was recently re-appointed by President Trump and was confirmed for another stint on the Board as well. Upon swearing in, Macy will bring the NLRB to four members (three Republicans, one Democrat), further cementing the Trump-backed Republican control.
Continue Reading NLRB Gains 3-1 Republican Majority, Setting Stage for Major Policy ShiftsThe U.S. Court of Appeals for the D.C. Circuit has invalidated the National Labor Relations Board’s (NLRB or Board) “successor bar,” which required certain buyers of unionized businesses to recognize and bargain with the incumbent union for up to one year and prohibited the employer from unilaterally withdrawing recognition based on a claimed loss of majority support.
Continue Reading Federal Appeals Court Strikes Down NLRB’s Successor Bar, Changing Labor Analysis for Business Acquisitions
The annual filing (and fee payment) for applicable self-insured health plans and specified health insurance policies used to fund the Patient-Centered Outcomes Research Institute (the PCORI fee) is due by Friday, July 31, 2026. Internal Revenue Service (IRS) Form 720, Quarterly Federal Excise Tax Return, is used to report and pay (in Part II, IRS No. 133, on page 2) the annual PCORI fee.
Continue Reading Reminder – Annual Deadline (July 31) to Report and Pay PCORI Fee is Approaching
For nearly three years now, the eyes of legal scholars, attorneys and employers alike have been on the United States Circuit Court of Appeals for the Ninth Circuit (Ninth Circuit), awaiting its decision on an appeal of the National Labor Relations Board’s (NLRB) decision in Cemex Construction Materials Pacific LLC (Cemex Decision). The Ninth Circuit has finally issued its decision – and completely sidestepped the issue which everyone was waiting to be addressed.
In its decision, the United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) dissolved a 10(j) injunction against an employer, holding that federal courts should not issue injunctions in failure-to-bargain cases unless concrete evidence shows that the employer’s rebuff of the union will cause irreparable harm. That is, rather than allowing the NLRB to presume irreparable harm only from the employer’s refusal to bargain, the Sixth Circuit’s decision requires a more robust inquiry, as is typical in most other injunction cases.
Continue Reading Federal Sixth Circuit Tightens NLRB 10(j) Injunction Standard