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Best Practices in Administering Benefit Claims #7 – Understanding Attorney-Client Privilege in the Benefits Claims Process

When a plan administrator is attending to a benefit claim and thinks it is time to call in an attorney, are those discussions privileged and protected from disclosure to claimants? In this week’s blog, we take a look at some of those communications...By: Proskauer - Employee Benefits & Executive
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Court Says Disability-Based Harassment Is Unlawful Under ADA But Finds Plaintiff’s Evidence Lacking

Although we would like to believe that we live in a more enlightened era, disability rights activists will tell you that the repugnant practice of mocking people with disabilities persists, and not just among schoolyard bullies. But does the law...By: Cozen O'Connor
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Cozen O'Connor | Nov 26,2019 |

Employers May Need to Provide Cost Data Under Proposed ACA Rules

Employer-sponsored health plans and health insurers may be required to post online - and to provide participants upon request - a range of pricing and cost-sharing information beginning in 2021. Proposed Affordable Care Act (ACA) regulations...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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New York State Prohibits Employee Discrimination Over Reproductive Health Decisions

On November 8, 2019, Governor Andrew Cuomo expanded the list of protected categories under existing New York City Human Rights Law by signing the New York Reproductive Choice Law. Under this provision, employers are prohibited from discriminating...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Nov 26,2019 |

OFCCP Will Not Use EEO-1 Component 2 Data In Audits

On November 22, 2019, OFCCP announced it will not “request, accept, or use” EEO-1 Component 2 pay and hours worked data from government contractors in connection with audits (or otherwise). OFCCP explained that it will not request or use the data...By: Proskauer - Government Contractor Compliance
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Filing Affidavit of Non-Payment Within 60 Days of Signing Statutory Lien Waiver is Critical in Georgia Construction Contracts

This fall the Georgia Court of Appeals ruled against a subcontractor who failed to file an affidavit of non-payment or a claim of lien within sixty (60) days of signing a statutory lien waiver. In ALA Construction Services, LLC v. Controlled Access,...By: Miller & Martin PLLC
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Miller & Martin PLLC | Nov 26,2019 |

Middle District Of Tennessee Pares Claims In Putative Class Action Against Healthcare Company And Its Previous Owner

On November 19, 2019, Judge William M. Campbell of the United States District Court for the Middle District of Tennessee granted in part and denied in part motions to dismiss a putative class action under the Securities Act of 1933 and the Securities...By: Shearman & Sterling LLP
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Shearman & Sterling LLP | Nov 26,2019 |

Australian Taxation Office Increases Scrutiny of Australian Inbound Investments

The Situation: The Australian Taxation Office ("ATO") has broadened its role in the process for reviewing foreign investment proposals, through closer engagement with foreign investors pursuing acquisitions, mergers and restructures in Australia....By: Jones Day
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Jones Day | Nov 26,2019 |

Board Revisits Recusal Rules

The National Labor Relations Board has issued its “Ethics Recusal Report,” which announces several process changes that may add new wrinkles to practice before the Board. Much of the Report, dated November 19, 2019, is minutiae and insider...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Nov 26,2019 |

Calling All NYS Employers: Another Employee Handbook Revision Must be Made

Earlier this month, New York State passed a new law prohibiting discrimination against employees based on a new protected class: reproductive health decision making. New York Labor Law § 203-e was signed into law by Governor Cuomo in November 2019,...By: Patterson Belknap Webb & Tyler LLP
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