On July 23, 2024, US District Court for the Eastern District of Pennsylvania declined to stay the September 4, 2024, effective date of the Federal Trade Commission’s (FTC) Final Rule that bans all new noncompete agreements nationwide and renders existing noncompete agreements binding most workers unenforceable. This ruling comes 20 days after a federal court ..read more

Health plan fiduciary issues have taken on increased urgency following a new wave of Employee Retirement Income Security Act class action lawsuits filed by plaintiffs’ firms. Sarah Raaii and Alden Bianchi recently joined the Moving to Value Alliance, a healthcare nonprofit, for a podcast episode focused on how group health plan sponsors and third-party service ..read more

One year on from the end of the COVID-19 public health emergency, the Medicare restrictions on telehealth that Congress waived to allow for and expand the use of telehealth and other forms of virtual care are set to expire. Congress has already acted twice to extend the waivers, most recently in the Consolidated Appropriations Act, […] The post Telehealth: Regulatory Questions Amid Legislative Uncertainty appeared first on EMPLOYEE BENEFITS BLOG ..read more

Spin-offs have become increasingly popular with innovative companies as a method of unlocking shareholder value, but the transaction is not always tax-free, particularly for international employees holding equity awards or shares. The ability to obtain tax-free treatment in the United States for both the company and shareholders in a spin-off is often attractive. However, the […] The post Protecting Employees’ Tax Position After a Spin-Off appeared first on EMPLOYEE BENEFITS BLOG ..read more

With the Federal Trade Commission’s Final Rule that would ban noncompetes nationwide set to go into effect on September 4, 2024, assuming pending litigation doesn’t cause any delays, employers should begin planning now to address any potential compliance concerns. Legal and human resources teams will need to consider the impact of the Final Rule on […] The post FTC Final Noncompete Rule: Game Plan Checklist appeared first on EMPLOYEE BENEFITS BLOG ..read more

California’s SB 553, which went into effect July 1, 2024, creates a new layer to California employers’ existing injury and illness prevention programs. Under SB 553, all California employers are now required to implement a workplace violence prevention plan (WVPP), provide training to employees regarding the WVPP and keep records of workplace violence incidents. As […] The post California’s New Workplace Violence Prevention Mandate Takes Effect appeared first on EMPLOYEE BENEFITS BLOG ..read more

During this recent webinar, McDermott Partners Andrew Liazos, Brian Mead and Heidi Steele discussed what employers should consider in the evolving landscape of noncompete agreements. With the Federal Trade Commission’s Final Rule that would ban noncompetes nationwide set to go into effect on September 4, 2024, assuming pending litigation doesn’t cause any delays, employers will […] The post Recording and Key Takeaways: FTC’s Final Noncompete Rule: Developing Your Game Plan appeared first on EMPLOYEE BENEFITS BLOG ..read more

A question in response to last week’s post on self-funding of employer group health plans assumed that stop-loss coverage under a level-funded plan could be provided under a group captive medical captive. However, it cannot (at least not without first obtaining a prohibited transaction exemption from the US Department of Labor (DOL)). While group medical […] The post It’s the Plan Assets, Stupid: Why Group Medical Stop-Loss Captives and Level-Funded Plans Don’t Mix appeared first on EMPLOYEE BENEFITS BLOG ..read more

On April 26, 2024, the Federal Trade Commission (FTC) issued a final rule to amend its Health Breach Notification Rule (HBN Rule). The HBN Rule works as a compliment and counterpart to the breach notification requirements established under the Health Insurance Portability and Accountability Act (HIPAA) for HIPAA-regulated entities. Specifically, the HBN Rule requires that […] The post FTC Amends Health Breach Notification Rule to Regulate Health Apps and Expand Breach Notification Requirements appeared first on EMPLOYEE BENEFITS BLOG ..read more

In December 2023, the National Association of Insurance Commissioners (NAIC) adopted a Model Bulletin on the Use of Artificial Intelligence (AI) Systems by Insurers. The model bulletin reminds insurance carriers that they must comply with all applicable insurance laws and regulations (e.g., prohibitions against unfair trade practices) when making decisions that impact consumers, including when […] The post State Regulators Address Insurers’ Use of AI: 11 States Adopt NAIC Model Bulletin appeared first on EMPLOYEE BENEFITS BLOG ..read more