Our article, “Contingent Workforce: Implications of DOL’s Final Rule on Employers,” was published in the March 2024 issue of HR.com’s HR Legal & Compliance Excellence Magazine.
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UPDATE: Planning for Open Enrollment? Note the ACA Affordability Threshold Drop
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…
A Cautionary Tale Regarding the “Reasonable Belief” Doctrine
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.”…
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DOL Issues Final Rule Regarding Independent Contractor Classification
The U.S. Department of Labor (DOL) issued its Final Rule regarding the test for independent contractor classification. The Final Rule, which becomes effective March 11, 2024, largely mirrors the DOL’s proposed rule announced in 2022 and sets forth a multi-factor…
Top Five 2024 Employee Policies and Issues Check Up
As we enter 2024, there are a few employment law issues to keep top of mind. Below is a list of the top five HR policies and key issues to review as we head into the New Year:…
Ways Employers Can React to Employees Rescinding a Resignation
I was quoted in a recent article published by Society for Human Resource Management (SHRM) exploring ways employers react to employees rescinding their resignation. In some cases, employers might allow the employee to stay, but I offered insight on the…
Let the Plan Speak: First Gag Clause Attestation Due December 31, 2023
By December 31, 2023, group health plans and health insurance issuers must submit an attestation to certify compliance with the “gag clause prohibition” under the Consolidated Appropriations Act of 2021 (CAA).…
NLRB Issues New Rule Broadening Joint-Employer Status
NOTE: This post was originally written October 31, 2023, and was updated on December 12, 2023.
The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations…
Tenth Circuit Rules ERISA Preempts Oklahoma PBM-Reform Law
NOTE: This post was originally written August 29, 2023, and was updated on September 27, 2023.
Breaking news: On September 19, 2023, the Oklahoma Attorney General filed a Petition for En Banc Rehearing, challenging the Tenth Circuit panel’s decision in…