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Certain individuals who receive health care coverage from an S corporation must include the cost of the coverage in their income because of their relationship to the owner of the S corporation. However, they are then permitted to deduct the cost on their personal tax...
The U.S. Court of Appeals for the Fifth Circuit, in Rittinger v. Healthy Alliance Life Insurance Company, has ruled that a plan administrator that has been granted discretionary authority with regards to claim decisions, may deny a claim for bariatric surgery when...
On March 27, 2019, the U.S. Supreme Court ruled in Lorenzo v. SEC, No. 17-1077 (U.S. Mar. 27, 2019) that a party who is not a “maker” under Securities and Exchange Commission Rule 10b-5(b) can nevertheless be found to have violated Rule 10b-5(a) and (c) and other...
As previously reported in our Alert published on March 7, 2019, a federal judge has ordered the EEOC to provide guidance regarding the collection of wage and hour data ("Component 2 data"). On April 4, the EEOC submitted a filing to the court saying it would have to...
The Eighth Circuit Court of Appeals, in Johnston v. Prudential Ins. Co., has affirmed a lower court's ruling that the defendant insurer acted appropriately in terminating the plaintiff's long term-disability ("LTD") insurance benefits based on evidence that the...
On March 29, 2019, the Massachusetts Department of Family and Medical Leave (“DFML”) re-issued draft regulations on the Massachusetts Paid Family and Medical Leave Act (“PFML”). DFML will hold at least two public hearings, beginning in May. There will also be a period...
A federal judge in Washington, D.C., ruled last Thursday that the current administration's attempt to broaden the types of health plans that can avoid the coverage rules under Title I of ERISA generally, and specifically for purposes of the Affordable Care Act ("ACA")...
The First Circuit Court of Appeals has ruled, in Fortier v. Hartford Life and Accident Insurance Company, that a long term disability ("LTD") plan's 180 day period for claims denial appeals begins when a claim is denied and not when benefits cease to be paid. An...
The U.S. Department of Labor ("DOL") has issued Opinion Letter FMLA2019-1-A clarifying that neither an employer nor an employee may delay designating paid leave as Family and Medical Leave Act ("FMLA") leave. Background. FMLA entitles eligible employees of covered...
SJC Rules That Workers at Whately Farm Entitled to Overtime Pay - David Gabor, Daily Hampshire Gazette, March 15, 2019