Category Archives: Employee Benefits

Subscribe to Employee Benefits RSS Feed

Federal Agencies Announce Plan B for the Contraceptives Mandate

The triumvirate of federal agencies (HHS, DOL, IRS) responsible for enforcing the Patient Protection and Affordable Care Act (the ACA, often called Obamacare) released final interim rules significantly expanding exceptions from what has become known as the “contraceptives mandate.” This mandate, which has been the subject of extensive and ongoing litigation and political debate, will … Continue Reading

What Employers Can Expect from the New Administration – Part 2: Immigration, the Affordable Care Act & Social Issues

In our second in a three-part series on what to expect from the Trump administration, we discuss immigration policy and the Affordable Care Act (ACA), as well as what may be in store for parental leave, marriage equality and transgender bathrooms. 1. Immigration During the campaign, Mr. Trump signaled that his administration would take a … Continue Reading

Should Your ERISA Plan Have a Forum Selection Clause?

With relatively few exceptions, administrators of employee benefit plans covered by the Employee Retirement Income Security Act (ERISA) have enjoyed success enforcing forum selection clauses in cases across the country. As such, employers should consider implementing a forum selection clause in their plans like the following: Restriction on Venue. A participant or beneficiary shall only … Continue Reading

Check Your Neutral Policies: The EEOC Joins the ACLU’s Challenge to Dignity Health’s Exclusion of All Care Related to Sex Transitions as Sex Discrimination

The ACLU filed a complaint against Dignity Health, claiming that the total exclusion of care related to “sex transformation surgery” in Dignity’s employee health insurance plan is unlawful sex discrimination. Now the EEOC wants a piece of the action and is seeking permission to file an amicus brief urging the California federal court not to … Continue Reading

Tennessee Appears to Opt-Out of Workers’ Comp Opt-Out, At Least for this Year

A bill to allow Tennessee employers to voluntarily opt-out of the state’s workers’ compensation system appears to have been derailed, at least for this year. Tennessee had been flirting with joining Texas and Oklahoma and allowing employers to opt-out of the workers’ compensation program in favor of providing their own workplace injury plans. South Carolina’s … Continue Reading

“Opt Out” Accommodation Under Affordable Care Act Validated After Challenge from Religious Objectors

In what continues to be a controversial and developing area of employment law, a federal appellate court recently validated the Affordable Care Act’s (ACA) “opt out” provision, finding that requiring nonprofit employers to opt out did not substantially burden their religious rights. The Second Circuit Court of Appeals held in Catholic Health Care System v. … Continue Reading

Video Interview: Discussing What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers

Same-sex marriage is now legal throughout the United States. Now what? Immediate changes are being made on a federal level including federal IRS tax withholdings and the Family and Medical Leave Act (FMLA) to be sure that same-sex marriages are treated the same as heterosexual marriages. The biggest change that employers need to be concerned … Continue Reading

What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers

On Friday, the Supreme Court of the United States issued its long-awaited opinion in the Obergefell case, striking down bans on same-sex marriage as unconstitutional and legalizing same-sex marriage in every state. We posted earlier this year that a federal district court struck down Alabama’s same-sex marriage ban as unconstitutional, after which counties began issuing marriage … Continue Reading

Video Interview: Discussing the Ramifications of Extending FMLA Rights to Same-Sex Couples

On Tuesday night, the Alabama Supreme Court ordered the state’s probate judges to stop issuing marriage licenses to same-sex couples. Last month, a U.S. federal judge in Alabama ordered an Alabama official to issue marriage licenses to same-sex couples, despite Alabama Chief Justice Roy Moore’s urging to probate judges to ignore the federal ruling. The Alabama Supreme … Continue Reading

Alabama’s New “I Do”: Same-Sex Marriage, the FMLA, and Employee Benefit Considerations

Alabama probate judges began issuing marriage licenses and presiding over ceremonies for same-sex couples a few days ago. The landmark occasion follows a recent ruling out of the Southern District of Alabama that struck down the state’s ban on same-sex marriage. On Monday morning, February 9, just before the first “I do’s” were said across … Continue Reading
LexBlog