On June 17, 2024, the IRS issued a fact sheet (FS 2024-22) that provides answers to frequently asked questions (“FAQs”) about educational assistance programs under Section 127 of the Internal Revenue Code (“Code”). Employers should consider the following
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Ground Rules: Supreme Court Affirms the Standard for NLRB Injunctive Relief
In the latest labor law brew-haha, the U.S. Supreme Court reconciled a circuit split by requiring the National Labor Relations Board (NLRB) to marshal substantial proof to win temporary injunctions against employers for alleged unfair labor practices. The decision weakens…
Perplexed and the Fiduciary Committee – PBM Edition
I read the Lewandowski v. Johnson & Johnson class action complaint and couldn’t help but wonder – are plans and participants doomed, or can employers take proactive steps to satisfy their fiduciary duties and potentially reduce prescription drug costs under their…
Catch Back Up on the SECURE 2.0 Increased Catch-Up Limits for 2025
With SECURE 2.0’s increased catch-up contribution limits set to take effect next year, it’s time for 401(k) plan sponsors to brush up on the rules and consider how to administer the changes.
Under the current rules, 401(k) plans may allow…
Fundamental Shift Coming in Real Estate Agent Compensation
By Ben Reeves
By: Ben Reeves
The National Association of Realtors (NAR) has been the subject of several recent lawsuits alleging anticompetitive conduct. In a nutshell, the allegations are that agents restrict the flow of information regarding homes for sale, and leverage that…
Supreme Court Hold Copyright Act’s Statute of Limitations Does Not Limit Damages Period
By: Zach Schroeder
The U.S. Supreme Court held the Copyright Act’s three-year statute of limitations does not equate to a three-year limit on damages when plaintiffs bring claims under the Act using the discovery rule doctrine. In doing so, the…
The 2024 HIPAA Privacy Reproductive Health Care Regulations – Five Takeaways for Group Health Plans
On April 26, 2024, the Office for Civil Rights (“OCR”) at the U.S. Department of Health & Human Services (“HHS”) published a final rule to amend the HIPAA Privacy Rules to support reproductive health care privacy (the “Reproductive Health Care…
Supreme Court Asked to Clarify Activities that Give Rise to Specific Personal Jurisdiction
In Impossible X LLC v. Impossible Foods Inc., Impossible Foods recently filed an opposition to Impossible X’s petition for certiorari, which asks the Supreme Court to decide (1) whether some disputes should require so-called “rough causality” before finding…
New U.S. Supreme Court Case Casts a Wide Net on What Is Considered Discrimination
By Tiffanny Brosnan and Marian Zapata-Rossa
Title VII, the federal standard for workplace discrimination cases, prohibits discrimination against individuals with respect to their “compensation, terms, conditions, or privileges of employment,” based on the individual’s “race, color, religion, sex or national…
EPA opens the Door to Widespread Liability to Businesses
EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the remediation costs.
The EPA’s…