On August 26, the U.S. Departments of Labor, Health and Human Services, and the Treasury (the Tri-Agencies) jointly issued FAQ Part 74, new guidance addressing HIPAA wellness program rules under the Affordable Care Act (ACA). The guidance responds directly
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Deloitte DEI Settlement Highlights False Claims Act Risk at Both Federal and State Levels
The U.S. Department of Justice (DOJ) announced on August 25 that Deloitte has agreed to pay $21.5 million to resolve allegations that certain diversity, equity, and inclusion (DEI) practices discriminated against employees and applicants based on race or sex and
NLRB Gains 3-1 Republican Majority, Setting Stage for Major Policy Shifts
On August 7, James Macy, a Republican, was confirmed by the Senate to become the third Republican member of the National Labor Relations Board (NLRB or Board). David Poutry, a Democrat, was recently re-appointed by President Trump and was confirmed
Federal Appeals Court Strikes Down NLRB’s Successor Bar, Changing Labor Analysis for Business Acquisitions
The U.S. Court of Appeals for the D.C. Circuit has invalidated the National Labor Relations Board’s (NLRB or Board) “successor bar,” which required certain buyers of unionized businesses to recognize and bargain with the incumbent union for up to one
Reminder – Annual Deadline (July 31) to Report and Pay PCORI Fee is Approaching
The annual filing (and fee payment) for applicable self-insured health plans and specified health insurance policies used to fund the Patient-Centered Outcomes Research Institute (the PCORI fee) is due by Friday, July 31, 2026. Internal Revenue Service (IRS) Form 720,
Federal Appeals Court Upholds Bargaining Order, Sidesteps Review of NLRB’s Cemex Standard
For nearly three years now, the eyes of legal scholars, attorneys and employers alike have been on the United States Circuit Court of Appeals for the Ninth Circuit (Ninth Circuit), awaiting its decision on an appeal of the National Labor
Federal Sixth Circuit Tightens NLRB 10(j) Injunction Standard
In its decision, the United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) dissolved a 10(j) injunction against an employer, holding that federal courts should not issue injunctions in failure-to-bargain cases unless concrete evidence shows that the
Tennessee Joins List of States Rewriting Rules on Non-Compete Agreements: What Employers Need to Know
Restrictive covenant legislation is growing in popularity across the United States. Tennessee, a state long regarded as business-friendly, is among the list of states creating statutory definitions of what is reasonable for non-compete agreements.
DOL Proposes New Uniform “Joint Employer” Rule
On April 23, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued a proposed rule seeking to establish a unified “Joint Employer” test under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and
Emerging Alternatives for GLP-1 Prescription Drug Coverage: What Plan Sponsors Need to Know
As GLP-1 medications become an increasingly significant cost driver for employer-sponsored health plans, plan sponsors are seeking creative solutions beyond conventional pharmacy benefit manager (PBM) channels. Direct-to-consumer reimbursement models have emerged as a compelling alternative, enabling participants to obtain these