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Key Issues, Developments and Strategies Affecting Your Workforce

Drug Cost Transparency Rule Blocked

By Keith A. Ashmus on July 10, 2019

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Employers who pay for health benefits for their employees are painfully aware of the impact rising drug prices and drug utilization have on their plan costs. In May, the Trump Administration, through the Centers for Medicare and Medicaid Services (“CMS”), issued a new rule requiring drug companies, effective on July 9, 2019, to include wholesale or list prices in all ads for drugs where the monthly cost is likely to exceed $35.00. Although based upon…

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Employers Must Act Promptly To Raise Administrative Exhaustion Defenses Under Title VII

By Jonathan Scandling on June 28, 2019

In Fort Bend County v. Davis, the U.S. Supreme Court ruled that the EEOC charge filing requirement under Title VII of the Civil Rights Act of 1964 is not a “jurisdictional” bar to litigation, but instead is a claim-processing rule subject to waiver if the defendant-employer fails to raise an affirmative defense at the appropriate point in the pleadings. While Title VII requires individuals to file a charge with the EEOC (or the applicable…

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Is Congress Ready To Expand LGBTQ Rights Under Federal Employment Laws?

By Brian Kelly on June 14, 2019

Several high-profile U.S. Senators have stepped forward in recent days to express their support for the expansion of federal anti-discrimination laws to provide protection from discrimination based on sexual orientation and gender identity. These supporters include Senators Cory Booker (D-N.J.), Bernie Sanders (I-Vt.), Kamala Harris (D-Calif.) and Kirsten Gillibrand (D-N.Y.). This issue has been debated for years, but it took on increased significance just a few weeks ago when the U.S. House of Representatives passed…

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McPherson Contractors owner pleads guilty in $346M fraud abusing Federal Veteran Entrepreneurship Programs

By Cheryl Hanley on June 11, 2019

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If you have ever questioned why there are so many regulations pertaining to certification as a minority, woman and/or veteran owned small business or why the applications are so extensive and complicated, here is your answer. Per a June 3rd press release from the U.S. Attorney’s Office for the Western District of Missouri, Topeka, Kansas based contractor, Matthew C. McPherson, has pled guilty to defrauding the federal government by bidding on and accepting payment for…

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Ohio House Adds Citizenship Question to Workers’ Compensation Budget Bill

By Michael C. Nunnari, Jr. on June 10, 2019

Last week, the Ohio House of Representatives passed the proposed workers’ compensation budget for the next two years, but not before a controversial amendment was added at the last minute. The budget bill, or House Bill 80, was amended to require injured workers to identify themselves as either a U.S. citizen, non-citizen authorized worker, or an illegal or unauthorized alien when filing a workers’ compensation claim in Ohio. While the amendment does not go so…

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DOL TO REQUIRE MORE FINANCIAL REPORTS FROM UNIONS

By Joel R. Hlavaty on June 2, 2019

On May 30, 2019, the Office of Labor-Management Standards (“OLMS”) within the U.S. Department of Labor issued a notice seeking comments on a proposed rule that would require labor organizations to submit annual financial reports for trusts in which the labor organization has an interest. The OLMS oversees the financial disclosure statements required of labor organizations and employers under the Labor-Management Reporting and Disclosure Act (“LMRDA”), as well as investigates alleged wrongdoing. As described in…

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Increase in Workplace Violence and Recent OSHRC Decision Spur Congress to Push OSHA for Workplace Violence Standard

By Christina Niro on May 22, 2019

Over the past two decades, workplace violence has unfortunately become increasingly prevalent, particularly in the health care and social service industries. As OSHA itself acknowledges, approximately 75 percent of workplace assaults reported annually occur in health care and social service settings and workers in health care settings are four times more likely to be victimized than other workers in private industry. More recent studies, including one conducted in 2016 by the Government Accountability Office, have…

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Hirer Beware! Employee’s Use of Former Employer’s Trade Secrets Leads to Verdict Against New Employer

By Frantz Ward Litigation Group on May 3, 2019

Reposted from a Litigation client alert. A recent $44 million jury verdict in state court in Chicago serves as a stark warning to companies who hire employees that might bring trade secrets from their former employers to their new position. The lesson: take concrete steps to ensure a new employee doesn’t share or use those trade secrets, or risk being held accountable for the employee’s actions. Quite often, the new employer with a deep pocket…

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U.S. Supreme Court to Decide Whether Title VII Includes Workplace Gay and Transgender Protections

By Ryan T. Smith on April 26, 2019

This week, the United States Supreme Court agreed to consider whether Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the basis of gay and transgender status. The Court will consider this issue in the context of three cases: Two involve claims that employees were fired because of their sexual orientation. In the third case, the plaintiff claims she was fired because she was transgender and preparing to live openly as…

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Political Discrimination

By Keith A. Ashmus & Jonathan Scandling on April 18, 2019

Recent reports of campaigns designed to discourage potential employers from hiring Trump Administration officials raise the question of whether a private sector employer would have any jeopardy for going along with such a boycott. The answer depends upon where the act takes place. Fifteen states,[1] plus Puerto Rico and the District of Columbia, prohibit discrimination or retaliation against employees or applicants on the basis of political affiliation or activity. Some states have more limited,…

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Key Issues, Developments and Strategies Affecting Your Workforce

Blog Authors

Drug Cost Transparency Rule Blocked

Employers Must Act Promptly To Raise Administrative Exhaustion Defenses Under Title VII

Is Congress Ready To Expand LGBTQ Rights Under Federal Employment Laws?

McPherson Contractors owner pleads guilty in $346M fraud abusing Federal Veteran Entrepreneurship Programs

Ohio House Adds Citizenship Question to Workers’ Compensation Budget Bill

DOL TO REQUIRE MORE FINANCIAL REPORTS FROM UNIONS

Increase in Workplace Violence and Recent OSHRC Decision Spur Congress to Push OSHA for Workplace Violence Standard

Hirer Beware! Employee’s Use of Former Employer’s Trade Secrets Leads to Verdict Against New Employer

U.S. Supreme Court to Decide Whether Title VII Includes Workplace Gay and Transgender Protections

Political Discrimination

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