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Labor, Employment and Employee Benefits: Executive Briefing, January 2014

Insight
01.15.2014

Executive Briefing focuses on emerging developments in employment, labor law and employee benefits.

Access the full PDF version of the Labor, Employment and Employee Benefits: Executive Briefing, January 2014

January Featured Articles:

U.S. Appeals Court Strikes NLRB's D.R. Horton Decision - Gives New Life to Employer/Employee Arbitration Agreements Prohibiting Class Action Claims

On December 3, 2013, the Court of Appeals for the Fifth Circuit ruled that the National Labor Relations Board's (NLRB) decision in D.R. Horton did not give proper weight to the Federal Arbitration Act and that the Mutual Arbitration Agreement at issue in the case was enforceable according to its terms. Because the NLRB has applied its D.R. Horton decision in several cases in order to strike down arbitration agreements which prohibit joint, class and collective claims against employers, the Fifth Circuit's decision gives new life to such agreements. It is too soon to know whether the Board will appeal the Fifth Circuit's decision to the U.S. Supreme Court. Read the full Executive Briefing to learn more.

Minnesota Supreme Court Declines to Extend Public Policy Exception to At-Will Employment

In December 2013, the Minnesota Supreme Court ruled that termination due to an employee's application for unemployment benefits does not give rise to a common law wrongful discharge claim. Read the full Executive Briefing to learn how Minnesota's Supreme Court has narrowly construed the public policy exception to employment at-will.

CMS Clarifies When Self-Insured Group Health Plans Owe Reinsurance Contributions

The Centers for Medicare & Medicaid Services (CMS) released new guidance in December which clarifies when self-insured group health plans are exempt from required contributions towards the transitional reinsurance program established under the Affordable Care Act. The guidance also explains that an employer does not need to make contributions for employees for whom Medicare coverage is primary. Read the full Executive Briefing to learn more.
New Unemployment Insurance Laws Require Employers to Respond to Information Requests or Face Consequences
New state and federal legislation mandates that employers in all 50 states and the District of Columbia quickly respond to requests for information relating to a former employee's claim for unemployment benefits. Read the full Executive Briefing to see the changes that have taken effect in every state and territory where Stinson Leonard Street currently has offices.

Amendments to DC's Minimum Wage and Sick Leave Laws

On December 17, 2013, the Washington, DC, City Council passed two measures that, if signed by the Mayor or enacted over his veto, would affect employers within the District. One involves the applicable minimum wage rate in Washington, DC. The other would extend the District's accrued sick leave protection to tipped restaurant workers. Read the full Executive Briefing to learn more.

U.S. Supreme Court Update: Court Upholds in Heimshoff v. Hartford Life & Accident Life Ins. Co.

Last month we reported on several employment, labor and employee benefits cases pending before the U.S. Supreme Court. On December 16, 2013, the U.S. Supreme Court issued a decision on Heimeshoff v. Hartford Life & Accident Life Ins. Co. Read the full Executive Briefing to learn more.

Access the full PDF version of the Labor, Employment and Employee Benefits: Executive Briefing, January 2014

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