Successor employer’s delay in reinstating butcher might be FMLA interference, but no retaliation found

A grocery store butcher whose store was bought by another company while he was on FMLA leave can advance his claims that his FMLA rights were interfered with when he was asked to attend an orientation session and then faced a month-and-a half-delay in returning to work. He also made similar claims under New Jersey […]

Confusion as to counting absences avoids dismissal of FMLA interference and retaliation claims but discharge claim fails

On dueling motions for summary judgment, a federal district court in Virginia found that a welder’s FMLA interference and retaliation claims survived because it was unclear whether his employer, Volvo, had properly counted absences that qualified under the FMLA before putting the worker on probation for excessive unexcused absences. However, the court granted summary judgment […]

National Business Group on Health recommends employers discuss opioid use for pain management with health plans, PBMs

Calling the misuse and abuse of opioids a national issue that profoundly impacts employees, their families and employers, the National Business Group on Health, a non-profit association of more than 420 large U.S. employers, is recommending employers work with their health plans and pharmacy benefits managers (PBMs) to assure they are implementing national guidelines for […]

Industry groups comment on mental health guidance

The ERISA Industry Committee (ERIC) and the American Benefits Council have filed comments with the Departments of Health and Human Services, Labor, and Treasury on mental health parity compliance. In April, the Departments released frequently asked questions, disclosure forms, a self-compliance took, fact sheet, and report to Congress related to requirements under the Mental Health […]

Confusion as to counting absences avoids dismissal of FMLA interference and retaliation claims but discharge claim fails

On dueling motions for summary judgment, a federal district court in Virginia found that a welder’s FMLA interference and retaliation claims survived because it was unclear whether his employer, Volvo, had properly counted absences that qualified under the FMLA before putting the worker on probation for excessive unexcused absences. However, the court granted summary judgment […]

Successor employer’s delay in reinstating butcher might be FMLA interference, but no retaliation found

A grocery store butcher whose store was bought by another company while he was on FMLA leave can advance his claims that his FMLA rights were interfered with when he was asked to attend an orientation session and then faced a month-and-a half-delay in returning to work. He also made similar claims under New Jersey […]

CBAs clear; no lifetime health care benefits for Honeywell retirees

Reversing a district court’s conclusion that Honeywell retirees were entitled to lifetime health care benefits, the Sixth Circuit U.S. Court of Appeals noted that general principles of contract interpretation applied and, because the language of the collective bargaining agreements was clear, there was no need to look to extrinsic evidence as the lower court had. […]

Health care cost increases remain steady in 2019, but this is not necessarily good news

Employers and insurers expect health care costs to increase 6 percent, consistent with the 5.5 percent to 5.7 percent increases seen over the past five years, according to PwC’s Health Research Institute. However, the report, Medical cost trend: Behind the numbers 2019, noted that employers continue to struggle to contain their employee coverage costs. And, […]

Democrats, industry group push back on Trump Administration’s ‘abandonment of ACA’

Senate Democratic Leaders are pushing back against the Trump Administration’s announcement that it will no longer defend the Patient Protection and Affordable Care Act (ACA), saying among other things that although President Trump has promised people with preexisting conditions would retain the protections provided to them by our current health care system, he is yet […]

Benefits under AD&D policy due where diabetes not a substantial factor in leg amputation

An insured whose left leg was amputated several months after it was injured in an automobile accident was entitled to accidental death and dismemberment benefits under his wife’s employee welfare benefit plan, the U.S. Court of Appeals for the Ninth Circuit ruled. The record showed that although the insured’s preexisting diabetes was a complicating factor, […]