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
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Appeals Court Affirms DOL Authority in Companionship Exemption Case
I was recently quoted in McKnight’s Home Care in connection with a new decision from the U.S. Court of Appeals for the Sixth Circuit that supports the Department of Labor’s pending reinstatement of the companionship exemption. The ruling is notable
ERISA Preemption – Alive and Well
The recent rise in state law regulation of pharmacy benefit managers (PBMs) and prescription drug pricing continues to test the limits of preemption under the Employee Retirement Income Security Act of 1974, as amended (ERISA).
Key Developing Areas for Employers: EEOC Priorities, Leave Laws and AI
We authored an article for Employee Relations Law Journal outlining three developing areas for employers this year: navigating Equal Employment Opportunity Commission (EEOC) priorities, leave laws and artificial intelligence (AI). We provided practice steps on how employers can stay compliant within this
Federal Appeals Court Invalidates NLRB’s Cemex Standard
The United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) recently ruled that the National Labor Relations Board (NLRB) exceeded its authority when it issued its decision in Cemex Construction Materials Pacific LLC. As a result, at
Delaware Supreme Court Reverses Court of Chancery, Affirming that Forfeited Equity Remains Valid Consideration for Non-Competes
On February 3, the Delaware Supreme Court issued a critical decision for private equity (PE) sponsors and institutional employers in North American Fire Ultimate Holdings LP v. Doorly. The court clarified that restrictive covenants—specifically non-competes tied to equity grants—remain
Delaware Chancery Court Enforces Properly Limited Non-Compete While Delaware Supreme Court Affirms Refusal to Enforce or “Blue Pencil” Overbroad Non-Competes
Over the last few years, and just last week, Delaware courts have refused to enforce, or to revise or “blue pencil” to make enforceable, a number of restrictive covenants, even in the traditionally favored sale‑of‑business context, when the covenants appear
EEOC Rescinds 2024 Guidance on Harassment in the Workplace
On January 22, the Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace, No. 915.064 (the 2024 Guidance), an almost 200‑page document that consolidated decades of agency positions and practices for
Reminder: Group Health Plans Should Update HIPAA Notice of Privacy Practices by February 16
Many people see the start of a new year as a time to refresh and renew themselves. For covered entities under HIPAA, which include group health plans, it’s also time to refresh and renew your HIPAA Notice of Privacy Practices
President Trump’s NLRB Gains Quorum and GC, Flurry of Activity Expected
On January 7, James Murphy and Scott Mayer, as National Labor Relations Board (NLRB or Board) members, and Crystal Carey, as the NLRB’s General Counsel (GC), were sworn into their roles following their confirmation votes in the Senate.