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
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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.
What Trump’s Deal on GLP-1 Costs Could Mean for Employers
The high cost of GLP-1 weight loss drugs has significantly affected employer prescription drug spending over the past year, leading many organizations to limit or even eliminate coverage. These unexpected costs have created challenges for employers balancing plan affordability with
State Enforcement of Employee Misclassifications
I was quoted in a Law360 article addressing state attorneys general (AG) prioritizing the misclassification of employees as independent contractors.
Navigating the Evolving Landscape of State PBM Laws
The legal landscape for pharmacy benefit managers (PBMs) continues to shift as states pass new laws and courts weigh in on how those laws interact with federal ERISA requirements. These developments are creating new challenges for self-funded health plans trying
Massachusetts Superior Court Holds Noncompete Agreements Between Parent Companies and Their Subsidiaries’ Employees Are Unenforceable
The Massachusetts Superior Court has ruled that noncompete agreements arising out of the employment relationship entered into between a parent company and a subsidiary’s employee are not enforceable because the parent company does not fall within the meaning of “employer”
2025 ERISA Welfare Plan Automatic Participant Disclosures Checklist
We recognize that many companies sponsor ERISA welfare benefit plans and will soon be undergoing their open enrollment process and issuing related participant communications. To assist with that process, we have prepared an Automatic Participant Disclosures Checklist for use during
FTC Issues Letters to Healthcare Employers Regarding Non-Compete Agreements
Although the Federal Trade Commission (FTC) announced on September 5 that it was ending its appeals of decisions in the Fifth and Eleventh Circuits which set aside the FTC nationwide non-compete ban thereby ending its defense of the Biden administration’s