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Office for Civil Rights Provides Guidance: HIPAA Privacy Rule on Disclosures of Information Relating to Reproductive Healthcare

Photo of Aleksandra VoldBy Aleksandra Vold on Posted in HIPAA, Supreme Court
On On June 29, in response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health & Human Services Office for Civil Rights (HHS OCR) issued guidance on when entities covered by the Health Insurance Portability and Accountability Act (HIPAA) are permitted to share protected health information (PHI) without a … Continue Reading

Group Health Plan Considerations Post-Dobbs

Photo of Susan Whittaker HughesPhoto of Jennifer A. MillsPhoto of Seth HanftBy Susan Whittaker Hughes, Jennifer A. Mills and Seth Hanft on Posted in Healthcare, Supreme Court
The U.S. Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization has presented many issues for sponsors of group health plans to contemplate as they decide whether and how to proceed with the offering and administration of abortion services. While each group health plan sponsor will need to consider its own objectives, plan populations and … Continue Reading

Issue Spotting for Employers in a Post-Roe Era

Photo of Amanda Van Hoose GarofaloPhoto of Amy J. TraubBy Amanda Van Hoose Garofalo and Amy J. Traub on Posted in Health & Wellness, Healthcare, Supreme Court
On June 24, 2022, the U.S. Supreme Court held in a 5-1-3 opinion that Roe v. Wade – a nearly 50-year-old Supreme Court opinion providing the right to an abortion in this country – should be overturned. See Dobbs v. Jackson Women’s Health Organization (available at www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf). Irrespective of whether an employer agrees with the … Continue Reading

At the Crossroads of Politics, Religion and Social Justice, Employers Face Difficult Choices

Photo of Marc AntonettiPhoto of Ashlee GrantPhoto of Allison ThomasBy Marc Antonetti, Ashlee Grant and Allison Thomas on Posted in Health & Wellness, Healthcare, Supreme Court
A closely divided Supreme Court, a reversal of long-standing precedent, headline-grabbing litigation and an increased assertion of religious liberty rights by employees have thrust employers into an unprecedented and extraordinarily difficult social and legal environment following the Court’s decision in Dobbs v. Jackson Women’s Health Organization. Many employees wonder what their employers will do in … Continue Reading

California Supreme Court: Payroll Companies Not Liable to Client’s Employees for Unpaid Wages

Photo of Joseph S. PersoffBy Joseph S. Persoff on Posted in Policies, Supreme Court
The California Supreme Court has cut off another avenue for employees to sue payroll provider companies for unpaid wages. California courts have previously found that employees cannot sue a payroll company under a theory that the company is the “employer.” In a new decision, the California Supreme Court held that employees cannot sue payroll companies for unpaid … Continue Reading

The Legality of Class Action Waivers in Arbitration Agreements – SCOTUS Finally Speaks

Photo of Dustin DowPhoto of John LewisBy Dustin Dow and John Lewis on Posted in Supreme Court
The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering since at least 2012. Now, with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, we have an answer: They “must be enforced as written” despite any debatable policy within the National Labor Relations Act that suggests otherwise. … Continue Reading

Coats v. Dish Network, LLC: The Colorado Supreme Court Provides Added Certainty Regarding a Colorado Employee’s Use of Medical Marijuana Outside of Work

Photo of Nathan A. SchachtBy Nathan A. Schacht on Posted in Supreme Court
On Monday, June 15, 2015, the Colorado Supreme Court, in a long-awaited decision in the Coats v. Dish Network, LLC, case, confirmed what actions employers may take against employees in Colorado who use medical marijuana during off-duty time. The Colorado Supreme Court held that because medical marijuana use is unlawful under federal law, a Colorado … Continue Reading

Hobby Lobby: Likely First of Many Cases Pitting Religion Against ACA

By Virginia Medina on Posted in Retail, Supreme Court
The U.S. Supreme Court on June 30, 2014, ruled 5-4 that a closely held, for-profit corporation can qualify for an exemption from the U.S. Department of Health and Human Services (HHS) requirements mandating contraceptive coverage for employees. The exemption is only available if the mandate imposes a substantial burden on the corporation’s ability to “conduct … Continue Reading

Not So Fast, My Friend! Eleventh Circuit Weighs In On NLRB Recess Appointment Issue

Photo of Pat MuldowneyBy Pat Muldowney on Posted in NLRB, Supreme Court
As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the National Labor Relations Board (“Board”) as unconstitutional, placing into question the legitimacy of numerous (mostly pro-union/employee) decisions issued … Continue Reading

Employees Must Prove Retaliation Was “But-For” Cause of Employment Action

Photo of Scott McIntyreBy Scott McIntyre on Posted in EEOC, Retaliation, Supreme Court
Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline.  In fact, the number of employee retaliation claims filed with the EEOC has nearly doubled in the past 15 years, and the law continues to create new opportunities for these kinds of claims.  But … Continue Reading
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