by adavis | Oct 15, 2020 | Uncategorized
In 1970, when Congress passed the Occupational Safety and Health Act (the “Act”) and created the Occupational Safety and Health Administration ( “OSHA”), it initially gave OSHA two years to adopt existing, industry-specific federal safety standards without going...
by adavis | Oct 15, 2020 | Uncategorized
On June 12, 2020, the U.S. Department of Health and Human Services (“HHS”) finalized a rule that, in pertinent part, repealed an Obama-era rule related to the nondiscrimination provisions of the Affordable Care Act (“ACA”). The ACA provides that an individual shall...
by adavis | Oct 15, 2020 | Uncategorized
The U.S. Supreme Court, in Bostock v. Clayton, issued a landmark decision, ruling that Title VII’s prohibition against sex discrimination prohibits discrimination on the basis of sexual orientation or transgender status. This decision affirms, as many Circuit Courts...
by adavis | Aug 12, 2020 | Uncategorized
On June 1, 2020, in a 5-4 decision, the U.S. Supreme Court held that two plan participants of a defined-benefit plan had no standing to sue their plan’s fiduciaries because, win or lose, the participants would receive the same monthly benefits and, thus, the...
by adavis | Jul 1, 2020 | Uncategorized
The U.S. Department of Labor (DOL) released guidance regarding business closures due to COVID-19 and the implications of the federal Worker Adjustment and Retraining Notification (WARN) Act. Because of the fact-specific inquiry under the WARN Act, if you have any...