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GLP-1 Weight Loss Drug Enforcement in 2025: State Attorneys General Step Into a Growing Regulatory Gap

"As shortages resolved, many clinics, compounding pharmacies and online peptide sellers continued practices that had developed during a period of unusual market pressure. State attorneys general have stepped into the gap, using consumer-protection theories to police misrepresentations, dangerous sourcing practices and improper use of research-grade materials. The FDA is now being asked to join that response."

Third Circuit Holds That Employers Are Not Obligated to Apply FMLA Entitlements Retroactively

"The Court's decision provides clear guidance to employers within the Third Circuit ... that an employee does not have a 'chronic serious health condition' if the employee is evaluated by a health care provider and obtains FMLA certification regarding the condition after the fact. The Court definitively held that FMLA entitlements only apply prospectively, i.e.,after the condition is certified." [Rodriquez v. SEPTA, No. 23-3074 (3d Cir. Oct. 11, 2024)]

Gag Clause Prohibitions in ERISA, the Internal Revenue Code and the Public Health Service Act

"Plans and issuers subject to these gag clause prohibitions are required to submit an annual attestation here, with the first due Dec. 31, 2023, and on each Dec. 31 thereafter.... The FAQ sheet ... includes helpful examples of what constitutes a gag clause. One such example ... makes clear that a provision giving a TPA discretion over the plan's access is considered a gag clause[.]"

Federal Judge Throws Out Yet Another Portion of HHS 'Surprise' Medical Billing Regs

"[T]he court held that ... the interim rule 'places its thumb on the scale for the QPA, requiring arbitrators to presume the correctness of the QPA and then imposing a heightened burden on the remaining statutory factors to overcome that presumption.' The court held that by implementing the interim rule, HHS essentially rewrote statutory terms that were already clear and unambiguous." [LifeNet v. HHS, No. 22-162 (E.D. Tex. Jul. 26, 2022)]

Philadelphia Employers Must Provide Up to 40 Hours of Additional Paid Sick Leave for COVID-19 Related Reasons Through 2023

"COVID-19 leave must be provided outside of and before using eligible employees' existing accrued paid time off banks, unless state or federal law requires otherwise. COVID-19 leave must also be provided to employees immediately with no waiting period. Employers are permitted only to request a self-certified statement from the employee asserting that leave was for COVID-19 leave purposes."

Sixth Circuit Ruling May Signal a Changing Landscape for Withdrawal Liability

"While the Court recognized that the actuary's assumptions were entitled to deference, it ... dissected the actuary's analysis and found that the actuary's findings did not comport with ERISA requirements ... This opinion may also inspire both employers and pension funds to reassess their withdrawal liability strategies." [Sofco Erectors, Inc. v. Trustees of Ohio Operating Engineers Pension Fund, No. 20-3639 (6th Cir. Sep. 28, 2021)]

Third Circuit: Employer Paid Leave Benefits Must Extend to Reservists on Short-Term Military Leave

"The Third Circuit noted it had a limited task: interpreting USERRA's statutory language consistent with its ordinary meaning at the time Congress enacted the statute.... The Court concluded that USERRA entitles employees taking military leave to the 'other rights and benefits' their employers give employees taking similar kinds of leave. The Court found that since FedEx pays employees who take non-military leaves for jury duty and health it places employees who take military leave and are not paid at a disadvantage." [Travers v. Federal Express Corp., No. 20-2073 (3d Cir. Aug. 10, 2021)]

ARPA's COBRA Subsidy: New Obligations, and Unanswered Questions

"What types of terminations of employment are 'involuntary?' ... How does the subsidy apply in the case of severance or other arrangements that provide for alternative forms of continuation coverage? ... How will MEWAs and third party plan sponsors such as PEOs take the tax credit? ... How extensive must an employer's efforts be with respect to former employees who may be assistance-eligible employees but who the employer has difficulty locating?"

Agencies Provide Significant Deadline Extensions for Participants in Employee Benefit Plans

"These rules make significant changes for events that occur during the 'Outbreak Period.' The end date of the Outbreak Period, however, is unknown at this time; this adds additional complexity to the new COVID-19 rules.... There appears to be no requirement to notify participants about the extension of the election and premium payment timeframes.... Depending on the length of the Outbreak Period, many employers will be in their open enrollment period when or soon after the Outbreak Period ends. Even so, some employees will want to exercise their special enrollment rights to get coverage retroactively."

CARES Act Provisions Affecting Welfare Benefit Plans

"[1] Over-the-counter drugs and medicines may be reimbursable from FSAs and HSAs ... [2] Employers can pay employees' student loans on a tax-free basis ... [3] COVID-19 testing and services must be provided without cost sharing ... [4] Telehealth ... [5] Out-of-network providers reimbursement."