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
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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
Fifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely Unconstitutional
In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and other employers.
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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 (PCORI fee) is due by Thursday, July 31, 2025. Internal Revenue Service (IRS) Form 720,
States Continue to Refine Their Treatment of Non-Competition Agreements
The vast body of restrictive covenant law continues to develop across the country as states navigate refining their approach to non-compete and non-solicitation agreements with some expansions along with the general trend of more restrictions.
Below we outline recent developments