In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and subsequent state abortion bans, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a Final Rule (Final Rule) modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule in order to support reproductive health care privacy. As with prior HIPAA rules, the Final Rule applies to covered healthcare providers, health plans, or healthcare clearing houses (each, a Covered Entity) and their business associates.
Continue Reading New Reproductive Health Care Privacy Final Rule: Key Compliance Steps and DatesNLRB Withdraws Appeal of Joint Employer Rule
By Robert Horton & Hunter K. Yoches on
The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule. As readers may recall, late last year the NLRB issued a rule broadening the definition of joint employer, which would have significantly increased the number of entities that may be deemed joint employers and thus share responsibility for complying with the National Labor Relations Act.
Continue Reading NLRB Withdraws Appeal of Joint Employer RuleFederal Court Enjoins FTC From Implementing Non-Compete Ban
A federal judge in the Northern District of Texas has enjoined the Federal Trade Commission from implementing its Rule banning non-compete agreements and stayed the effective date of the Rule while the underlying lawsuit against the Rule proceeds, but only with respect to the parties to the lawsuit.
Continue Reading Federal Court Enjoins FTC From Implementing Non-Compete BanAre You in Compliance with the New FLSA Salary Threshold?
We previously posted here regarding a July 1, 2024, increase in the salary threshold for overtime exemptions under the Fair Labor Standards Act (FLSA). Despite multiple legal challenges to the Department of Labor’s 2024 Rule, most of which remain pending, the 2024 Rule is now in effect for all private employers.
Continue Reading Are You in Compliance with the New FLSA Salary Threshold?Supreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment Decisions
On June 28, the U.S. Supreme Court overturned the landmark Chevron decision, which had required courts to uphold a federal agency’s interpretation of a statute as long as it was reasonable. Now, courts are required to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency’s interpretation of the law simply because a statute is ambiguous.
Continue Reading Supreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment DecisionsGender-Affirming Care Remains a Hot Topic in 2024
By Susie Bilbro, Doug Dahl & David Thornton on
Posted in Employee Benefits
Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations.
Continue Reading Gender-Affirming Care Remains a Hot Topic in 2024Scope and Impact of the FTC’s Non-Compete Rule for Employers
On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to reshape how employers approach employment agreements.
Continue Reading Scope and Impact of the FTC’s Non-Compete Rule for EmployersSupreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job Transfer
In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This decision will increase the type of job actions for which employers can be sued and will lead to greater risk for employers in making challenging employment decisions.
Continue Reading Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job TransferFTC’s New Ban on Non-Compete Agreements and Potential Impact on Nonprofit Healthcare Companies
For healthcare provider companies, a critical question about the FTC’s decision is whether it applies to nonprofit entities. I recently analyzed the impact on the healthcare industry of the vote by the Federal Trade Commission (FTC) to move forward with a final rule banning non-compete agreements for an article in Modern Healthcare.
Continue Reading FTC’s New Ban on Non-Compete Agreements and Potential Impact on Nonprofit Healthcare CompaniesDOL Announces Final Overtime Rule Increasing Salary Threshold
The U.S. Department of Labor (DOL) announced a Final Rule increasing the salary threshold for Fair Labor Standards Act (FLSA) overtime exemptions, a move which the DOL anticipates will result in around four million additional workers becoming eligible for overtime pay.
Continue Reading DOL Announces Final Overtime Rule Increasing Salary Threshold