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Risk Insights: Distracted Driving and Cellphones

Distracted Driving and Cellphones - Distracted driving is a significant cause of motor vehicle crashes that result in costly property damage and threaten safety. According to the National Highway Traffic Safety...

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Legal Update: Qualified Transportation Fringe Benefit Limits to Increase in 2025

Qualified Transportation Fringe Benefit Limits to Increase in 2025 - The IRS has released Revenue Procedure 2024-40, which includes cost-of-living adjustments for employee qualified transportation fringe benefits for...

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Legal Update: DOL Targets Employment-related Contract Provisions

DOL Targets Employment-related Contract Provisions - On Oct. 15, 2024, the U.S. Department of Labor’s (DOL) Office of the Solicitor (SOL) released a special enforcement report indicating seven “fine-print” employment-...

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Legal Update: DOT Revises Drug and Alcohol Testing Procedures Regarding Oral Fluid Testing

DOT Revises Drug and Alcohol Testing Procedures Regarding Oral Fluid Testing - On Nov. 5, 2024, the U.S. Department of Transportation (DOT) published a final rule revising its drug and alcohol testing procedures to...

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Legal Update: EEOC Releases 2024 Litigation Data, Showing a Decrease in Lawsuits

EEOC Releases 2024 Litigation Data, Showing a Decrease in Lawsuits - On Oct. 9, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released litigation data for fiscal year (FY) 2024, which covers Oct. 1, 2023,...

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Legal Update: 5th Circuit Upholds DOL’s Authority to Set Minimum Salary Requirement for White-collar Exemptions

5th Circuit Upholds DOL’s Authority to Set Minimum Salary Requirement for White-collar Exemptions - On Sept. 11, 2024, in Mayfield v. U.S. Department of Labor, the U.S. Court of Appeals for the 5th Circuit held that the...

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Legal Update: All Draft Forms & Instructions for 2024 ACA Reporting Now Available

All Draft Forms & Instructions for 2024 ACA Reporting Now Available - In July 2024, the Internal Revenue Service (IRS) released draft 2024 forms for reporting under Internal Revenue Code Sections 6055 and 6056....

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Legal Update: Deadline for Employers to Receive MLR Rebates Is Approaching

Deadline for Employers to Receive MLR Rebates Is Approaching - Employers with insured group health plans may soon receive a medical loss ratio (MLR) rebate from their health insurance issuers. Issuers who did not meet...

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Legal Update : EBSA Releases Updated Cybersecurity Guidance for Employee Benefit Plans

EBSA Releases Updated Cybersecurity Guidance for Employee Benefit Plans - Through Compliance Assistance Release No. 2024-01, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) is confirming...

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Legal Update: IRS Implementation Guidance on Qualified Student Loan Payment Match Programs

IRS Implementation Guidance on Qualified Student Loan Payment Match Programs - On Aug. 19, 2024, the IRS issued Notice 2024-63, providing interim guidance for sponsors of 401(k) and similar retirement plans that provide...

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Legal Update: OSHA Propose Heat Injury & Illness

OSHA Proposes Heat Injury and Illness Prevention Standard - On Aug. 30, 2024, the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking in the...

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Legal Update: OSHA Releases New Online Severe Injury Report Dashboard

OSHA Releases New Online Severe Injury Report Dashboard - On Sept. 4, 2024, OSHA released an online tool giving users the ability to search its severe injury report (SIR) database and view trends related to workplace...

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Legal Update: Final Rule Makes Extensive Changes to Mental Health Parity Requirements

Final Rule Makes Extensive Changes to Mental Health Parity Requirements - On Sept. 9, 2024, the Departments of Labor, Health and Human Services, and the Treasury (Departments) released a final rule to strengthen the...

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Legal Update: Court Denies FMLA for Unmarried Father Before Child's Birth

Court Denies FMLA for Unmarried Father Before Child's Birth - The 11th Circuit Court of Appeals recently held in Tanner v. Stryker Corp. that an unmarried employee who traveled to be with his pregnant ex-girlfriend for...

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Legal Update: DOL Updated Model Employer CHIP Notice

DOL Updates Model Employer CHIP Notice - The U.S. Department of Labor (DOL), through its Employee Benefits Security Administration (EBSA), has released a new model Employer CHIP Notice with information current as of ...

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Legal Update: USCIS Extends Form I-9 Expiration Date

USCIS Extends Form I-9 Expiration Date - On Aug. 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that it updated its Employment Eligibility Verification form, also known as Form I-9, to extend...

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Legal Update: Increased Civil Penalty Amounts for SBC, MSP, HIPAA Violations

Increased Civil Penalty Amounts for SBC, MSP, HIPAA Violations - On Aug. 8, 2024, the U.S. Department of Health and Human Services (HHS) published a final rule increasing key penalties affecting group health plans. HHS...

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Legal Update: NLRB Voluntarily Withdraws Joint-employer Rule Appeal

NLRB Voluntarily Withdraws Joint-employer Rule Appeal - On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed its appeal of the U.S. District Court for the Eastern District of Texas decision...

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Legal Update: Deadline for Employers to Receive MLR Rebates Is Approaching

Deadline for Employers to Receive MLR Rebates Is Approaching - Employers with insured group health plans may soon receive a medical loss ratio (MLR) rebate from their health insurance issuers. Issuers who did not meet...

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Legal Update: OSHA Proposes Heat Injury & Illness Prevention Standard

OSHA Proposes Heat Injury & Illness Prevention Standard - On July 2, 2024, the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) announced an unofficial version of the proposed ...

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Legal Update: Federal Courts Block Enforcement of Certain Section 1557 Nondiscrimination Provisions

Federal Courts Block Enforcement of Certain Section 1557 Nondiscrimination Provisions - On April 26, 2024, the U.S. Department of Health and Human Services’ (HHS) Office of Civil Rights (OCR) issued a final rule under...

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Legal Update: US Supreme Court Overrules Cheveron Deference

US Supreme Court Overrules Chevron Deference - On June 28, 2024, the U.S. Supreme Court issued a decision in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce. The Court overruled its...

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Legal Update: Texas Federal District Court Partially Blocks the FTC's Noncompete Ban

Texas Federal District Court Partially Blocks the FTC's Noncompete Ban - On July 3, 2024, the U.S. District Court for the Northern District of Texas granted the plaintiffs’ motion in Ryan LLC v. FTC for a preliminary...

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Legal Update: OSHA Publishes Its Updated Hazard Communication Standard

OSHA Publishes Its Updated Hazard Communication Standard - On May 20, 2024, OSHA published its final rule on its Hazard Communication Standard (HCS) to conform to the United Nations’ Globally Harmonized System of...

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Legal Update: HHS Updates HIPAA FAQs Regarding Change Healthcare Cybersecurity Incident

- On May 31, 2024, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) updated its frequently asked questions (FAQs) regarding HIPAA and the recent cybersecurity incident involving...

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Legal Update: DOL Issues Gag Clause Attestation Resources for 2024

DOL Issues Gag Clause Attestation Resources for 2024 - On May 24, 2024, the U.S. Department of Labor (DOL) issued various resources to assist health plans and health insurance issuers in annually submitting their...

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Legal Update: 3rd Circuit Rules USERRA May Require Paid Leave

3rd Circuit Rules USERRA May Require Paid Leave - On May 21, 2024, the U.S. Court of Appeals for the 3rd Circuit held that short-term military leave may be comparable to jury duty leave and bereavement leave and...

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Legal Update: DOJ Releases Proposed Rule to Ease Federal Restrictions on Marijuana

DOJ Releases Proposed Rule to Ease Federal Restrictions on Marijuana - On May 16, 2024, the U.S. Department of Justice (DOJ) announced a proposed rule that would reschedule marijuana from a Schedule I to a Schedule III...

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Legal Update: PCORI Fees Due July 31, 2024

PCORI Fees Due July 31, 2024 - The Affordable Care Act (ACA) requires health insurance issuers and self-insured plan sponsors to pay Patient-Centered Outcomes Research Institute fees (PCORI fees). The fees are reported...

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Legal Update: EEOC Announces July 9 “Failure to File” Deadline for 2023 EEO-1 Reports

EEOC Announces July 9 “Failure to File” Deadline for 2023 EEO-1 Reports - On June 5, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had entered the “Failure to File” phase for EEO-1...

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Legal Update: DOL Issues Guidance on AI-related Wage and Hour Risks

DOL Issues Guidance on AI-related Wage and Hour Risks - On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published Field Assistance Bulletin (FAB) No. 2024-1 on the use of artificial...

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Legal Update: OSHA Releases Its Injury Tracking Application 2023 Injury and Illness Data

OSHA Releases Its Injury Tracking Application 2023 Injury and Illness Data - On April 18, 2024, OSHA released the 2023 injury and illness data collected under the Improved Tracking of Workplace Injuries and Illness...

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

DOL Announces Final Overtime Rule Increasing Salary Levels for White-collar Employees - On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule to amend current requirements employees in white-...

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Legal Update: FTC Announces Rule Banning Noncompetes

FTC Announces Rule Banning Noncompetes - 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...

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Legal Update: DOL Rescinds 2018 Final Rule on Association Health Plans

DOL Rescinds 2018 Final Rule on Association Health Plans - On April 29, 2024, the U.S. Department of Labor (DOL) released a final rule that rescinds in its entirety a prior 2018 final rule on association health plans (...

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

DOL Issues Final Retirement Security Rule and Related Amendments to PTE - On April 23, 2024, the U.S. Department of Labor (DOL) issued a final retirement security rule updating the definition of an investment advice...

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

U.S. Supreme Court Rules That Mandatory Job Transfer Can Be Discriminatory Under Title VII - On April 17, 2024, the U.S. Supreme Court issued a unanimous decision in Muldrow v. City of St. Louis, holding that a...

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

EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act - On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a final rule to implement the Pregnant Workers Fairness Act (PWFA)...

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Legal Update: ACA Information Reporting Penalties Increased for Returns Filed in 2025

ACA Information Reporting Penalties Increased for Returns Filed in 2025 - IRS Revenue Procedure 2023-34 includes updated penalty amounts that may apply to reporting entities that fail to comply with the Affordable Care...

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Legal Update: New TX Law Prohibits COVID-19 Vaccination Mandates

- New TX Law Prohibits COVID-19 Vaccination Mandates - As of Feb. 6, 2024, a new Texas law prohibits all private employers in the state from adopting or enforcing any COVID-19 vaccination mandates for workers. Covered...

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Legal Update: DOL Releases Benefit-related Penalty Amounts for 2024

- DOL Releases Benefit-related Penalty Amounts for 202 - On Jan. 11, 2024, the U.S. Department of Labor (DOL) published the 2024 inflation-adjusted civil monetary penalties that may be assessed for a wide range of...

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HR Insights: 2023 Employment Law Changes Important in 2024

- 2023 Employment Law Changes Important in 2024 - The year 2023 brought about significant shifts in the employment law landscape, impacting how organizations navigate the complex web of regulations governing workplaces....

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Legal Update: OSHA’s Safety and Health Bulletin on Safety Helmets in the Workplace

OSHA’s Safety and Health Bulletin on Safety Helmets in the Workplace - On Nov. 22, 2023, OSHA provided a Safety and Health Information Bulletin (SHIB) on the use of safety helmets in the workplace. The SHIB provides the...

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Legal Update: OSHA Form 300A Posting Requirements Begin Feb. 1

- OSHA Form 300A Posting Requirements Begin Feb. 1 - The Occupational Safety and Health Administration (OSHA) requires employers subject to its recordkeeping requirements to post copies of their OSHA Form 300A between ...

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EEOC Opens EEO-1 Reporting Portal for 2022 Workforce Data

EEOC Opens EEO-1 Reporting Portal for 2022 Workforce Data - The portal for private sector employers to submit equal employment opportunity (EEO-1) workforce data from 2022 to the U.S. Equal Employment Opportunity...

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News Brief: EEOC Significantly Increased Discrimination Lawsuits in FY 2023

- - EEOC Significantly Increased Discrimination Lawsuits in FY 2023 - Preliminary data from the U.S. Equal Employment Opportunity Commission (EEOC) showed that the agency filed 50% more employment discrimination...

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Legal Update: SEC Adopts Final Rules for Public Companies’ Cybersecurity Disclosures

- - SEC Adopts Final Rules for Public Companies’ Cybersecurity Disclosures - On July 26, 2023, the U.S. Securities and Exchange Commission (SEC) published final rules to enhance and standardize how companies disclose...

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Coverage Insights: Professional Liability Insurance Trends in the Legal Sector

Professional Liability Insurance Trends in the Legal Sector - Often referred to as legal malpractice coverage by lawyers, professional liability insurance can provide protection for losses caused by a client alleging...

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Legal Update: Workplace Violence Poster Required in Texas

- New Law Requires Poster on How to Report Workplace Violence - On June 14, 2023, Texas enacted a new law, House Bill (HB) 915, that requires employers to post a notice about how employees may report workplace violence...

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Legal Update: New Form I-9 Available

- Legal Update: New Form I-9 Available Aug. 1, 2023, With a Remote Verification Option for E-Verify Users - On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I‑9,...

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Legal Update: OSHA Withdraws COVID-19 ETS, but Not the Proposed Permanent Rule

On Jan. 25, 2022, OSHA provided notice that it is withdrawing its COVID-19 vaccination and weekly testing emergency temporary standard (ETS). The withdrawal will be effective once the notice is published in the Federal...

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Legal Update: Supreme Court Stays OSHA ETS Vaccination and Testing Mandate

On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS). The ETS was...

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Legal Update: Agencies Issue Guidance on Coverage of OTC COVID-19 Tests

On Jan. 10, 2022, the Depts. of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance regarding the requirements for group health plans and health insurance issuers to cover over-the-counter (OTC)...

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Legal Update: Court Reinstates OSHA Vaccination Mandate for Private Employers

On Friday, Dec. 17, 2021, the 6th Circuit Federal Court of Appeals reinstated the Occupational Safety and Health Administration’s (OSHA) federal emergency temporary standard (ETS) for COVID-19. The 6th Circuit decision...

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DOL Extends Rescission Date for Joint Employer Rule to Oct. 5, 2021

On July 29, 2021, the U.S. Department of Labor (DOL) announced that it is rescinding its 2020 Joint Employer Determination Rule (the Rule), effective Sept. 28, 2021. On Sept. 20, the DOL extended this date to Oct. 5,...

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Cyber Update: White House Issues Ransomware Prevention Guidance to Businesses

White House Issues Ransomware Prevention Guidance to Businesses - In a recent letter addressed to corporate executives and business leaders, the White House emphasized that bolstering the nation’s resilience against...

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