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33 Matching News Items |
1. |
Tenth Circuit Decision on Regulating PBMs Remains in Place as Oklahoma Appeals to U.S. Supreme Court
Duane Morris LLP Jan. 8, 2024
"A decision from the United States Court of Appeals for the Tenth Circuit, which found that several provisions of an Oklahoma law regulating pharmacy benefit managers (PBMs) were preempted by federal law, will remain in place for now after a panel denied Oklahoma's motion to stay the mandate ... [A] stay would have allowed Oklahoma to enforce the challenged provisions while it pursues review by the Supreme Court of the United States[.]" [PCMA v. Mulready, No. 22-6074 (10th Cir. Aug. 15, 2023; pet. for en banc hearing denied Dec. 12, 2023; motion to stay denied Jan. 2, 2024)]
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2. |
Tenth Circuit Deviates from U.S. Supreme Court on State Regulation of Pharmacy Benefit Managers
Duane Morris LLP Oct. 4, 2023
"At the appellate level, PCMA argued, and the Tenth Circuit agreed, that Oklahoma's law violated ERISA by limiting the options employers could use to structure its benefits. By limiting or directing the ways in which employers could structure benefit plans, PCMA argued that the law's restrictions affected the governance of matters central to plan administration sufficient to trigger ERISA preemption under Rutledge." [PCMA v. Mulready, No. 22-6074 (10th Cir. Aug. 15, 2023)]
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3. |
New York Federal Court Denies Class Certification in ERISA Lawsuit Involving 8,000 Plans
Duane Morris LLP, via Lexology; free registration required July 6, 2023
"The decision is instructive for defendants who are faced with class allegations that purport to target a single policy or practice, but which in fact relate to numerous individual decisions. It should also serve as a reminder that defendants must consider not only the facial validity of a claim, but also the robust defenses available under the ERISA." [Haley v. TIAA, No. 17-0855 (S.D.N.Y. Jun. 27, 2023)]
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4. |
Seventh Circuit Affirms That ERISA Plan Sponsors Do Not Act as Participants' Fiduciaries and Must Follow the Terms of the Plan as Written
Duane Morris LLP, via Lexology; free registration required May 17, 2023
"More than 10 years after Plaintiffs filed suit ... the Seventh Circuit put to rest the idea that a sponsor of an ERISA welfare-benefit plan is a fiduciary of the plan's participants. Instead, per the ruling in Carlson, the sponsor is obligated to follow the terms of the plan as written. When the plan grants the sponsor discretion to determine who qualifies, the sponsor may exercise that discretion and may even change the way it exercises that discretion over time." [Carlson v. Northrop Grumman Severance Plan & Northrop Grumman Corp., No. 22-1764 (7th Cir. May 8, 2023)]
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5. |
Illinois Adopts Mandatory Paid Leave
Duane Morris LLP Mar. 15, 2023
"[C]overed employees accrue one hour of paid leave for every 40 hours worked, for up to a total of 40 hours earned in any designated 12-month period. Employers may also satisfy the paid time off requirement by granting, or 'frontloading,' all 40 hours of paid leave at the beginning of the designated benefit year. Employees must be permitted to carry over up to 40 hours of unused paid leave to the next benefit year, except where an employer frontloads the full 40 hours."
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6. |
Maryland and Delaware Become the 10th and 11th States to Provide Paid Family and Medical Leave
Duane Morris LLP May 26, 2022
"Maryland workers will be able to apply for paid leave benefits from a state fund starting on January 1, 2025. Contributions from employees and employers are not required until October 1, 2023, and covered individuals can submit claims for benefits beginning January 1, 2025.... Delaware is now the 11th state to pass legislation that guarantees paid family and medical leave to eligible workers who take a qualified leave. Payroll contributions will begin January 1, 2025, and the state will start paying benefits on January 1, 2026."
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7. |
California COVID-19 Supplemental Paid Sick Leave Expires. Now What?
Duane Morris LLP Oct. 1, 2021
"Depending on the reason for the absence, employees may be eligible for accrued paid sick leave, required under the Healthy Workplaces, Healthy Families Act. Local paid sick leave laws may require supplemental paid sick leave in some jurisdictions even after SPSL expires.... The end of SPSL does not prevent employers from voluntarily continuing to provide special COVID-19 paid sick leave. However, employers are encouraged to consult with their legal counsel regarding the implications before doing so."
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8. |
Massachusetts Enacts Temporary COVID-19 Emergency Paid Sick Leave Law
Duane Morris LLP June 16, 2021
"[O]nly employees whose primary place of employment is in Massachusetts are eligible for leave under the act. An employee's 'primary place of employment' means the worksite or physical location where the employee spent the greatest percentage of work hours between the dates of January 1, 2020, and April 30, 2021; temporary telecommuting arrangements entered into during this period should not factor into this determination."
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9. |
PBMs Keep ERISA Preemption Fight Alive
Duane Morris LLP May 20, 2021
"Five months after the Supreme Court of the United States handed down a loss to the pharmacy benefit manager (PBM) lobbying group Pharmaceutical Care Management Association (PCMA), PCMA filed a brief in the Eighth Circuit arguing that the Court's ruling does not narrow the scope of [ERISA] preemption for PBM regulation.... PCMA's filing signified the opening round of the next fight as to whether the Supreme Court's ruling will be narrowly construed to apply to rate-setting regulation or applied more expansively to preempt PBM regulation of other conduct." [Pharmaceutical Care Management v. Wilkie, No. 18-2926 (on appeal to 8th Cir.; appellant brief filed May 11, 2021)]
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10. |
Laws and Tax Incentives Fill COVID-19 Paid Leave Void as Vaccinations Increase and More Employees Return to In-Person Work
Duane Morris LLP Apr. 29, 2021
"Philadelphia's latest Public Health Emergency Leave (PHEL) ordinance ... covers all employers with 50 or more employees and permits covered employees to take leave for various COVID-19 related reasons, including to receive the COVID-19 vaccine and to recover from injury or illness related to the vaccination.... On April 21, 2021, the Chicago City Council passed a COVID-19 Vaccination Rights Ordinance, which ... provides different time-off requirements for employers that mandate COVID-19 vaccinations for employees and those that do not."
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11. |
New COVID-19 Paid Sick Leave Law Retroactively Expands California Employer Obligations
Duane Morris LLP Mar. 24, 2021
"SB 95 both revives and expands upon the expired SPSL laws, extending the reach to far more employers and increasing the grounds for taking paid leave."
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12. |
California's COVID-19 Supplemental Paid Sick Leave Law: Employers Beware
Duane Morris LLP Jan. 6, 2021
"California employers should proceed with caution and take care to not pull the proverbial rug out from under employees who were availing themselves of available SPSL prior to December 31 and who, but for its sunset, had SPSL leave remaining or seek to remain on leave into 2021."
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13. |
New Year, New Rules: Status of COVID-19 Leave Laws for New York Employers in 2021
Duane Morris LLP Jan. 5, 2021
"Covered employers who voluntarily continue to offer FFCRA leave through the first quarter of 2021 will be eligible for the FFCRA tax credit, which reimburses employers for the cost of providing FFCRA leave. For New York employers, though, their responsibilities under Senate Bill 8091, which guarantees certain leave, benefits and job protections to employees affected by COVID-19, remain in full force."
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14. |
DOL's Proposed Rule Provides Framework for Employers to Classify Workers as Independent Contractors
Duane Morris LLP Sept. 24, 2020
"The DOL's newly proposed regulations are intended to provide clarity to employers by adopting a simplified model framework for determining independent contractor status under the 'economic realities' test. The economic realities test, which often has been used by courts deciding worker classification issues, generally considers whether a person performing services for a potential employer as an independent contractor truly operates his or her own independent business that is not economically dependent on the employer."
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15. |
Philadelphia to Expand Emergency Sick Leave Benefits to More Workers
Duane Morris LLP Sept. 18, 2020
"The bill will broaden the scope of Philadelphia's Promoting Healthy Families and Workplaces sick leave law by providing paid 'public health emergency leave' to more people who work within the geographic boundaries of the city, including individuals workings for companies with 500 or more employees, independent contractors and 'gig economy' workers."
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16. |
Significant Changes to COVID-19 Leave Provisions After Court Vacates Some DOL Regs Interpreting Paid Leave Under the FFCRA
Duane Morris LLP Aug. 9, 2020
"Judge Oetken's decision vacating four aspects of the DOL's regulations must be followed by employers in New York unless the decision is stayed or reversed.... As employees are now deciding whether to return to work or care for children whose childcare facilities or schools are closed, employers should be prepared for an uptick in requests for leave ... Employees who were formerly denied requests for leave may now be entitled to retroactive application of FFCRA pay based on this ruling." [New York v. U.S. Dept. of Labor, No. 20-3020 (S.D.N.Y. Aug. 3, 2020)]
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17. |
DOL Releases New FMLA Optional-Use Forms and Requests Public Input to Facilitate Potential Changes to FMLA Regs
Duane Morris LLP Aug. 4, 2020
"[W]hile the DOL revised the notice and certification forms, it did not revise the mandatory FMLA notice poster. In addition, the revised forms do not apply to leave provided under the [FFCRA].... The DOL also published a request for information (RFI) asking employers and employees for comments on what each would like to see changed in the regulations to better effectuate the rights and obligations under the FMLA."
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18. |
San Francisco's COVID-19 Paid Sick Leave Ordinance Takes Effect
Duane Morris LLP Apr. 29, 2020
"On April 17, 2020, Mayor Breed signed an amended version of the [San Francisco Public Health Emergency Leave Ordinance (PHELO)]. In addition, the San Francisco Office of Labor Standards Enforcement ... published a workplace poster, detailed guidance for employers in the form of FAQs (updated April 24, 2020) and a complaint form to be used by employees to address violations of the PHELO. The PHELO became effective on April 17, 2020, and will expire on June 17, 2020, or upon the termination of the COVID-19 public health emergency, whichever occurs first. The PHELO addresses the FFCRA's coverage gap by establishing minimum supplemental paid sick leave requirements for private employers with 500 or more employees worldwide, subject to certain limitations applicable to healthcare providers, emergency responders and collectively bargained employees."
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19. |
State of New York Mandates Permanent Paid Sick Leave
Duane Morris LLP Apr. 26, 2020
"The legislation delineates an employer's responsibility based on number of employees or, in some instances, revenue. [1] Employers with four or fewer employees and a net income of $1 million or less: 40 hours unpaid sick leave. [2] Employers with four or fewer employees and a net income of greater than $1 million: 40 hours paid sick leave. [3] Employers with between five and 99 employees: 40 hours paid sick leave. [4] Employers with 100 or more employees: 56 hours paid sick leave."
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20. |
Navigating California's Local Paid Sick Leave Ordinances in Light of COVID-19
Duane Morris LLP Apr. 15, 2020
"This Alert identifies developments in other California cities like San Jose, Los Angeles and Emeryville, as well as permissible uses of paid sick leave under the existing laws in Oakland, San Diego and Santa Monica for work absences that are related to COVID-19."
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