"[The district court] decision significantly changes the HIPAA landscape by eliminating compliance obligations related to reproductive health, such as policies, procedures, attestation forms, and training. However, health care providers and organizations must continue to comply with HIPAA's Privacy Rule regarding the privacy of protected health information (PHI) and heed state laws that may provide enhanced privacy for this specific category of health information." [Purl v. HHS, No. 24-0228 (N.D. Tex. Jun. 18, 2025)]  MORE >>

"Connecticut House Bill 7288 requires both public school and nonpublic elementary and secondary schools to provide 'non-certified school employees' access to CT Paid Leave and CT FMLA.... Newly covered employees ... may be entitled to take up to 12 workweeks of job-protected leave for certain family and medical reasons during a 12-month period."  MORE >>

"WPFML job protection will apply to employers with 25 or more employees as of January 1, 2026, with continued integration through 2028. Certain employees will be required to request job protection by the end of WPFML leave and employers must provide job reinstatement notices. FMLA job protection may count toward WPFML job protection if the employer provides a required notice. Required notices and postings will be updated by the ESD. Employers with fewer than 50 employees will have increased grant benefits to support costs associated with employee leaves."  MORE >>

"Plaintiffs often allege that the wellness program violates the HIPAA wellness rules by only offering the financial incentive -- such as the premium reduction -- prospectively rather than retroactively applying the reduction to the premiums paid for the entire plan year.... Every court that has rendered a decision on an employer's motion to dismiss has held that the plaintiffs plausibly alleged violations of the wellness program rules' notice requirements."  MORE >>

"Organizations that offer wellness incentives were more likely to report that worker participation in their initiatives was very positive or somewhat positive (39%), compared with 17% among organizations that do not offer wellness incentives. In addition, organizations that offer incentives more frequently stated that leaders actively participate in initiatives (34%) compared with organizations that don’t offer incentives (20%)."  MORE >>

"The Fair Labor Standards Act (FLSA) is the signature law enforced by the [DOL's] Wage and Hour Division. ... Through a voluntary self-audit under the PAID program, employers can clear themselves from potential violations and distinguish themselves in their communities and among their competitors. Similarly, employers can self-audit their compliance with the Family and Medical Leave Act (FMLA), which ensures that employees can take medical leave in the event of a significant family or medical event like the birth of child or a prolonged illness."  MORE >>

"This Congress, these reforms have been reintroduced in one legislative package in the House as HR 4317, the PBM Reform Act and two companion measures in the Senate as S 927, the Protecting Pharmacies in Medicaid Act, and as S 882, the Patients Before Middlemen Act.... This legislation ... would lower drug costs ... would support pharmacies' ability to serve patients ... and would shine a light on PBM practices by requiring transparency from the corporations that have persistently resisted it."  MORE >>

"[T]he plaintiff is challenging a Tennessee law requiring that 'any willing pharmacy' be included in a prescription drug plan's provider network, including self-insured prescription drug plans governed by ERISA.... [The amicus brief] explains that ERISA preempts the Tennessee law because that law directly interferes with prescription-drug benefit plan design and administration by: [1] Restricting plan sponsors' ability to design pharmacy networks for their plans; and [2] Limiting the ability of plan sponsors to implement effective cost-savings measures for their plans." [McKee Foods Corporation v. BFP Inc., No. 21-0279 (E.D. Tenn. Mar. 31, 2025; on appeal to 6th Cir.)]  MORE >>

"While judicial flexibility in favor of plaintiffs has been most apparent in how courts have applied the pleading standards to the wave of fee and performance claims that have plagued plan sponsors in recent years, this trend has also expanded into other areas of ERISA litigation ... with dramatic consequences for impacted employers.... As one particularly stark example of this phenomenon, last year, a federal court in Texas bent one important litigation rule -- the Constitution's 'standing' requirement -- and one important ERISA rule -- ERISA's statute of repose -- in such a way that will, if not corrected, force a plan sponsor -- in this case, BP -- to reform a cash balance plan conversion that occurred in 1989." [Guenther v. BP Retirement Accumulation Plan, No. 16-0995 (S.D. Tex. Mar. 28, 2024; on appeal to 5th Cir. No. 24-20551)]  MORE >>