On June 17, 2024, the IRS issued a fact sheet (FS 2024-22) that provides answers to frequently asked questions (“FAQs”) about educational assistance programs under Section 127 of the Internal Revenue Code (“Code”). Employers should consider the following Section 127 compliance assistance offered in the FAQs:
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In the latest labor law brew-haha, the U.S. Supreme Court reconciled a circuit split by requiring the National Labor Relations Board (NLRB) to marshal substantial proof to win temporary injunctions against employers for alleged unfair labor practices. The decision weakens what has been one of the NLRB’s most potent tools in recent years during ongoing…
I read the Lewandowski v. Johnson & Johnson class action complaint and couldn’t help but wonder – are plans and participants doomed, or can employers take proactive steps to satisfy their fiduciary duties and potentially reduce prescription drug costs under their plans? Although there is no one-size-fits-all approach, a plan fiduciary should understand what their pharmacy…
With SECURE 2.0’s increased catch-up contribution limits set to take effect next year, it’s time for 401(k) plan sponsors to brush up on the rules and consider how to administer the changes.
Under the current rules, 401(k) plans may allow participants to make catch-up contributions when they are age 50 or older. For 2024, the…
By: Ben Reeves
The National Association of Realtors (NAR) has been the subject of several recent lawsuits alleging anticompetitive conduct. In a nutshell, the allegations are that agents restrict the flow of information regarding homes for sale, and leverage that informational asymmetry to inflate agent commissions. After a nearly $2 billion judgement was entered against…
By: Zach Schroeder
The U.S. Supreme Court held the Copyright Act’s three-year statute of limitations does not equate to a three-year limit on damages when plaintiffs bring claims under the Act using the discovery rule doctrine. In doing so, the Court resolves a circuit split while leaving unanswered whether the discovery rule doctrine applies to…
On April 26, 2024, the Office for Civil Rights (“OCR”) at the U.S. Department of Health & Human Services (“HHS”) published a final rule to amend the HIPAA Privacy Rules to support reproductive health care privacy (the “Reproductive Health Care Rules”). The Agency also issued a Press Release, Fact Sheet, and Message from…
In Impossible X LLC v. Impossible Foods Inc., Impossible Foods recently filed an opposition to Impossible X’s petition for certiorari, which asks the Supreme Court to decide (1) whether some disputes should require so-called “rough causality” before finding specific personal jurisdiction and (2) in declaratory noninfringement actions, whether activities other than rights-enforcement efforts…
By Tiffanny Brosnan and Marian Zapata-Rossa
Title VII, the federal standard for workplace discrimination cases, prohibits discrimination against individuals with respect to their “compensation, terms, conditions, or privileges of employment,” based on the individual’s “race, color, religion, sex or national origin.” 42 USC sec. 2000e-2(a)(1). But what constitutes a term, condition or privilege of employment…
EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the remediation costs.
The EPA’s recent decision to put Perfluorooctanoic acid, or PFOA, and perfluorooctanesulfonic acid, or PFOS, on its…
