September 4, 2018
While an employer is not allowed to fire an employee simply for exercising their right to take family and medical leave under the Family Medical Leave Act (FMLA), there are situations where the employment of an employee that is out on FMLA leave may be ended. Below are five situations where the U.S. Court of Appeals for the Tenth Circuit recently threw out lawsuits because it found that the employee would have been terminated regardless of whether the employee was on FMLA or whether the employee was actively at work. That is the key in defending a claim – would the employee have been terminated regardless of their leave status.
Stay tuned this week for more posts on leave management. Want to learn more? Start a conversation with us.
September 8, 2023
Tenth Circuit Court of Appeals Hands Down a Big Win for ERISA Preemption After several failed attempts by pharmacy benefit managers (“PBM”) to challenge state laws regulating PBMs, the 10th Circuit Court of Appeals (in Pharmaceutical Care Management Association v. Mulready) handed down a big win for PBMs and, by extension, self-funded ERISA plans, when […]
August 28, 2023
IRS Issues Affordability Percentage Adjustment for 2024 The Internal Revenue Service (IRS) has released Rev. Proc. 2023-29, which contains the inflation adjusted amounts for 2024 used to determine whether employer-sponsored coverage is “affordable” for purposes of the Affordable Care Act’s (ACA) employer shared responsibility provisions and premium tax credit program. As shown in the table […]