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U.S. Chamber of Commerce Files Suit Against FTC's Noncompete Ban

"The Chamber alleges in its complaint that 'the economy as a whole will suffer' because dominant firms snatch the best employees from startups and small businesses. The Chamber argues that the FTC's Rule is an assertion of power that is contrary to centuries of state and federal law and relies on 'novel claims of authority.' " [Chamber of Commerce of the U.S.A. v. Federal Trade Commission, No. 24-00148 (E.D. Tex. complaint filed Apr. 23, 2024)

Handling Employee Requests for Time Off for Religious Observances, Especially During the Holidays

"While employers generally are free to approve or refuse employee requests for time off, ... they are required by law to provide reasonable accommodations to employees for religious observances that conflict with work requirements at any point during the year, including holidays when there is an increase in such requests, unless doing so would create an undue hardship."

District Court Largely Rejects DOL Arguments and Sides with State of New York on Implementation of FFCRA

"[T]he decision appears to allow employers to request documentation where the leave is 'foreseeable' and does not appear to preclude an employer from obtaining documentation after leave is approved.... [The court also ruled that] FFCRA leave is available to employees who need to take leave even if the employer does not have work available.... This ruling will likely be appealed to the Second Circuit, and it is unclear whether the Circuit Court will stay its application pending a determination on appeal." [New York v. U.S. Dept. of Labor, No. 20-3020 (S.D.N.Y. Aug. 3, 2020)]

DOL Provides Guidance on Employee Leave Rights When Summer Camps and Programs Close Due to COVID-19

"[FAB 2020-4] provides a parent's mere interest in a camp is not enough; it must be 'more likely than not' the child would have participated in the underlying program. Evidence of planned participation cited in the guidance includes eligibility for participation, submissions of applications or payments of deposits toward such programs; however, the guidance makes clear there is no 'one-size-fits-all' rule.... [T]he guidance clarifies the type of information parents must provide employers to support such leave requests[.]"

FINRA/SEC Will Not Slow Down for COVID-19

"[T]he proposed changes to FINRA's suitability rules will clarify whether Reg BI or the suitability rules will apply, eliminating confusion and allowing firms to focus on compliance with the higher standards in Reg BI, when applicable. At the same time, the change will provide continued protection for customers who are not retail customers covered by Reg BI.... If adopted, the proposed amendment to this rule will take effect on June 30, 2020."

EEOC Issues New Guidance on Employee Wellness Programs

"An employee wellness or health program must be 'reasonably designed to promote health or prevent disease'; this criterion is evaluated case-by-case based on the relevant facts and circumstances. Of note, programs that would not meet this standard are those that measure, test, screen or collect information but do not provide any follow-up advice as to how to improve health or prevent disease. A program designed to provide the employer with information to estimate future health care costs also does not meet this standard."

Montanile v. Board of Trustees: A New Model for Recovery

"Following the decision in Montanile, plans that are potentially owed money from participants must take a step back and reevaluate the way they investigate potential recovery claims, the language in their plans and the language in any reimbursement agreement.... A plan should immediately seek bank records and other information to determine how the money received from a third party was spent.... Nothing appears to prevent a plan from designating a participant as a fiduciary to the extent that the person receives money owed back to the plan and its insurers."

Second Circuit Says Healthcare Providers Must Seek Relief from Insurance Companies Under Their Own Contracts, Not the Insureds' Contracts

"The fact that Cigna provided for the possibility of direct reimbursement of medical providers under the Benefit Plan did not make the providers beneficiaries ... This conclusion was supported by the assignments signed by Rojas patients because if Rojas had a right to direct payment, the assignments would not have been necessary.... The assignments only gave Rojas the right to pursue the patients' claims for payment, but did not include the right to pursue any other category of ERISA claims. Therefore, the patients did not assign a right to sue under ERISA's anti-retaliation provision ... under which Rojas sought relief." [Rojas v. Cigna Health and Life Ins. Co., No. 14-3455 (2d Cir. Jul. 15, 2015]

Seventh Circuit Rules ERISA Does Not Preempt Illinois Law Prohibiting Discretionary Clauses

"[T]he Seventh Circuit affirmed a [district court] ... decision holding that Illinois's anti-discretionary clause regulation ..., [which prohibits] discretionary clauses in insured employee benefits plans offered or issued in Illinois, was outside the scope of the preemption power of [ERISA].... [T]he Seventh Circuit ... applied its two-part test for determining whether a law 'regulates insurance.' The court stated that [the Illinois regulation] was [1] 'specifically directed toward entities engaged in insurance' and [2] 'substantially affect[ed] the risk pooling arrangement between the insurer and the insured.' " [Fontaine v. Metropolitan Life Ins. Co., No. 14-1984 (7th Cir. Sept. 4, 2015)]

3D-Printed Prescription Drugs a Huge Stride Forward for Personalized Medicine

"In addition to tailoring the form of drugs to the needs of particular classes of patients, 3DP opens the possibility of tailoring each individual tablet to the needs of a specific patient, regardless of the physical location of the printer. This is something that has simply not been financially feasible with mass-produced medications."