The Background

The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued its proposed regulations on the PWFA. After receiving over 100,000 public comments on its Notice of Proposed Rulemaking, the EEOC issued its final rule and interpretive guidance to implement the PWFA on April 15, 2024 (Final Rule).

Continue Reading Summary of the EEOC’s Final Regulations Implementing the Pregnant Workers Fairness Act

Join us on May 14 for a deep dive into top legal trends that general counsel should prioritize as they continue to navigate 2024’s evolving regulatory landscape related to labor and employment issues and developments. Our presenters will discuss various topics, including challenges related to DEI initiatives and disclosures and the SEC’s focus on separation and severance agreements. They will also revisit the FTC’s non-compete ban and provide relevant updates.

Continue Reading Register Now | Key Considerations for General Counsel Webinar

The Federal Trade Commission (FTC) has announced that on April 23 it will vote on publishing and then adopting a finalized new rule that will prohibit employers from enforcing non-competes against workers. Under the originally proposed rule, non-compete agreements that bar any worker from accepting competing employment or starting a competing business would be prohibited with some exceptions for a limited category of transactions.

Continue Reading Register Now | The FTC’s Non-Compete Ban: What Employers Need to Know Webinar

As mentioned in our recent blog post, the recently filed class action lawsuit against Johnson & Johnson (Lewandowski v. Johnson & Johnson et. al., D.N.J., No. 1:24-cv-00671 (Feb. 5, 2024)) over alleged excessive prescription drug costs takes a new approach with respect to familiar claims of breach of fiduciary duty for failure to monitor plan costs. Instead of targeting retirement plan fiduciaries, who have been a common target of excessive fee litigation over the last several years, the Lewandowski plaintiffs take aim at the actions of welfare plan fiduciaries.

Continue Reading Welfare Plan Class Action Litigation Underscores Importance of Minding Your Fiduciary Duties

While the sweltering roil of temporary regulatory changes related to the COVID-19 pandemic may have cooled and the initial burst of SECURE 2.0 steam begins to dissipate, sponsors of employee benefit plans should keep their eyes on several hot button issues during the remainder of 2024 as these issues continue to percolate.

Continue Reading Caution! Contents Hot: Key Benefits Issues to Watch During the Remainder of 2024

On April 1, the Occupational Safety and Health Administration (OSHA) published its Worker Walkaround Representative Designation Process Rule, which is set to take effect 30 days after its publication in the Federal Register on May 31, 2024. The new rule broadens workers’ rights to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.

Continue Reading Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections

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