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This month’s Friday Five covers cases relating to a plaintiff’s attempts to seal a complaint seeking disability benefits, an administrator’s uncommunicated decision to discontinue its investigation into certain medical conditions, an administrator’s loss of the deferential standard of review for...
Attention employers -- some mandatory labor and employment law posters just received updates to reflect new laws and updates to existing laws. In April 2023, the United States Department of Labor (USDOL) gave the FLSA Poster a facelift, adding details of the recently-passed PUMP Act to its content...
Following a growing trend across the nation, on May 17, 2023, the Illinois House of Representatives passed a bill (previously approved by the Illinois Senate) that would make Illinois the 5th US state to require pay transparency in employee recruitment. The bill now heads to Governor Pritzker, who...
The Legislature’s Prohibition of Covenants Not to Compete On May 16, 2023, the Minnesota legislature issued a conference committee report on a bill that would render void and unenforceable “covenants not to compete” in agreements between employers and employees. Governor Walz is expected to sign the...
Live Wire? The Use of Workplace Impairment Recognition Experts and Other Methods to Determine Cannabis Impairment in the Workplace On April 21, 2022, New Jersey licensed dispensaries began sales of legalized adult-use Cannabis. Coupled with the longer-standing Medicinal Cannabis Program, New Jersey...
On May 1, 2023, the U.S. Department of Labor announced that the U.S. Occupational Health and Safety Administration (“OSHA”) has begun a National Emphasis Program (“NEP”) to prevent workplace falls, effective immediately. The NEP focuses on reducing fall-related injuries and fatalities for people...
This month’s Friday Five explores two recent decisions that discuss limitations on benefits when both physical disability and disability arising from mental illness are alleged, whether remand of a claim by the court constitutes a new appeal or a continuation of the previous appeal, whether an order...
In It for the Long Haul: Covid, Long Covid, and Covid-Adjacent Claims Issues Caitlin Strauss will be speaking on a panel during the 2023 DRI Life, Health, Disability, and ERISA Seminar in New Orleans, Louisiana. Joining Caitlin on the panel is Lisa E. Montelongo-Connor, Unum and Joni Sobocinski, New...
This month’s Friday Five explores recent decisions that reflect the precise nature of rules and definitions in the context of ERISA claims. For example, effective dates of CFR code provisions and contractually defined limitation periods can draw specific points on the timeline of a case. Similarly...
New Guidance for Employers on Severance/Separation Agreements The National Labor Relations Board’s recent McLaren Macomb decision, discussed here, regarding the lawfulness of confidentiality and non-disparagement provisions in severance agreements, left several unanswered questions. NLRB General...