As widely reported, the president recently signed into law the Consolidated Appropriations Act of 2023 (CAA 2023), a $1.7 trillion omnibus spending bill, which contains significant provisions affecting employer-sponsored retirement and welfare benefit plans. The provisions impacting retirement plans are included in a separate section of CAA 2023 referred to as the SECURE 2.0 Act of 2022 (SECURE 2.0 or the Act), which in many ways builds upon the first SECURE Act passed in 2019 (SECURE 1.0). The following items highlight what we believe are the most important changes affecting employer-sponsored retirement and welfare benefit plans and also provide practical advice for plan sponsors.

Continue Reading SECURE 2.0 + 1: Retirement Plan Changes and One Notable Health Plan Change

On January 5, the Federal Trade Commission (FTC) proposed a new rule that would prohibit employers from imposing non-competes on workers, and, if finalized, will have far reaching implications for many businesses operating in the United States. The proposed ban would make it illegal for employers to enter into or attempt to enter into non-compete agreements with workers, continue to maintain such agreements if they already exist, or represent that a worker is subject to a non-compete. It would further require companies with active non-competes to inform workers that they are void. Under the proposed rule, non-competes that bar workers from accepting competing employment or starting a competing business would be prohibited.

Join us for a webinar in which Bass, Berry & Sims labor & employment and antitrust attorneys will address topics and concerns pertaining to the proposed ban, including:

Continue Reading Webinar: The FTC’s Proposed Ban on Non-Competes and What It Could Mean for You

On January 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing non-competes on “workers.” The proposed ban would make it illegal for employers to enter into or attempt to enter into  non-compete agreements with workers, continue to maintain such agreements if they already exist, or represent that a worker is subject to a non-compete. It would further require companies with active non-competes to inform workers that they are void. Under the proposed rule, the ban would prohibit non-competes that bar workers from accepting competing employment or starting a competing business.

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I recently provided insight for a Modern Healthcare article about health system M&A transactions and how these companies navigate merging with unionized workplaces. The article references various regulatory hurdles a company may endure when acquiring or merging with a unionized workforce that may be a deterrent in a potential transaction. However, some argue there are opportunities in this situation.

Continue Reading Healthcare Mergers Involving Unionized Workforces

I recently authored an article for Today’s General Counsel detailing options in-house attorneys might consider if their business does not have non-compete agreement in places but would like to develop one.

Continue Reading How to Develop a Non-Compete Implementation Strategy

We recognize that many companies sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist with that process, we have prepared an Automatic Participant Disclosures Checklist for use during open enrollment and throughout the plan year.

Continue Reading 2022 ERISA Welfare Plan Automatic Participant Disclosures Checklist

I recently authored an article for Connector, the official magazine of the Steel Erectors Association of America, outlining the types of government contracts and workers impacted by Executive Order 14026 (EO 14026) that increased the minimum hourly wage for certain federal contractors from $10.50 to $15.00. This increase went into effect on January 30, 2022 and is intended to promote “the government’s procurement interests in economy and efficiency by contracting with sources that ‘adequately’ compensate their workers.”

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Effective October 1, 2022, certain providers participating in the Florida Medicaid program will be required to pay direct care workers a minimum of $15 per hour. Below we’ve outlined which organizations are subject to this new requirement and other relevant implementation details.

Continue Reading Florida Medicaid Providers: New $15 Minimum Wage Requirements

I recently authored an article for BenefitsPRO outlining guidance for employers ahead of the anticipated rulemaking from the Biden administration’s Department of Labor (DOL) related to the classification of independent contractors.

Continue Reading Potential New DOL Classification for Independent Contractors