Category: Legal Update

Legal Update: EEOC Opens EEO-1 Reporting Portal for 2023 Workforce Data

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The portal for private sector employers to submit equal employment opportunity workforce data (EEO-1 Report) from 2023 to the U.S. Equal Employment Opportunity Commission (EEOC) has opened as of April 30, 2024.

The deadline for submissions is June 4, 2024. This data collection was previously delayed.

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Legal Update: HHS Final Rule on Nondiscrimination in Health Programs and Activities

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On April 26, 2024, the U.S. Department of Health and Human Services’ (HHS) Office of Civil Rights (OCR) issued a final rule under Section 1557 of the Affordable Care Act, which prohibits discrimination based on race, color, national origin, sex, age or disability in certain health programs and activities.

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Legal Update: FTC Announces Rule Banning Noncompetes

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On April 23, 2024, the Federal Trade Commission (FTC) voted to issue a final rule that would ban noncompete agreements in virtually all employment relationships. The final rule has not yet been filed in the Federal Register, but is scheduled to take effect 120 days after such filing.

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Legal Update: DOL Announces Final Overtime Rule Increasing Salary Levels for White-collar Employees

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On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule to amend current requirements employees in white-collar occupations must satisfy to qualify for an overtime exemption under the Fair Labor Standards Act (FLSA).

The final rule will take effect on July 1, 2024.

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Legal Update: CMS Status Update on Advanced Explanation of Benefits Implementation

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On April 23, 2024, the Centers for Medicare and Medicaid Services (CMS) provided a status update on the progress it is making toward implementation of the advanced explanation of benefits (AEOB) transparency provision of the Consolidated Appropriations Act (CAA). While the AEOB requirement was originally effective in 2022, federal agencies delayed the requirement for plans and issuers to provide AEOBs until implementation rules could be issued.

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Legal Update: DOL Issues Final Retirement Security Rule and Related Amendments to PTEs

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On April 23, 2024, the U.S. Department of Labor (DOL) issued a final retirement security rule updating the definition of an investment advice fiduciary for purposes of the Employee Retirement Income Security Act (ERISA). The DOL also separately released amendments to class prohibited transaction exemptions (PTEs) available to investment advice fiduciaries.

The final rule and amendments to the PTEs generally take effect on Sept. 23, 2024.

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Legal Update: HHS Finalizes Rule to Strengthen Reproductive Health Care Privacy

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The U.S. Department of Health and Human Services (HHS) has issued a final rule that strengthens the HIPAA Privacy Rule by prohibiting the disclosure of protected health information (PHI) related to lawful reproductive health care in certain situations. According to HHS, these new protections are necessary to protect access to and privacy of reproductive health care following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization.

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Legal Update: EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act

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On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a final rule to implement the Pregnant Workers Fairness Act (PWFA). The final rule clarifies definitions and limitations under the PWFA and seeks to help employers understand their duties under the law. The final regulation will be published in the Federal Register on April 19, 2024, and becomes effective on
June 18, 2024.

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Legal Update: Deadline Reminder: RxDC Reports Are Due by June 1, 2024

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Group health plans and health insurance issuers must annually submit detailed information on prescription drug and health care spending to the federal government. This reporting is referred to as the “prescription drug data collection” (or “RxDC report”). This is an annual reporting requirement—plans and issuers must submit these reports by June 1 of each year

The next RxDC report is due by Saturday, June 1, 2024, covering data for 2023.

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Legal Update: US Supreme Court Rules That Mandatory Job Transfer Can Be Discriminatory Under Title VII

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On April 17, 2024, the U.S. Supreme Court issued a unanimous decision in Muldrow v. City of St. Louis, holding that a mandatory job transfer can constitute illegal discrimination under Title VII of the Civil Rights Act of 1964 (Title VII) if it causes harm with respect to an identifiable term or condition of employment, even if the harm is not significant.

Employers may consider greater care in mandating employee transfers, including lateral job transfers, to ensure that such decisions are not discriminatory and do not result in even insignificant harm with respect to identifiable terms and conditions of employment.

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