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New Developments with HRAs

August 27, 2019 | Video | By Alden Bianchi

Alden Bianchi discusses the recent regulations which expand employers’ ability to offer health reimbursement arrangements (HRAs) to their employees to be used in conjunction with individual market coverage and recognize a new type of excepted benefit HRA that allows employees to pay for HIPAA-excepted benefits and short-term coverage.
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Artificial Intelligence in the Employment Relationship: Friend or Foe?

August 21, 2019 | Blog | By O'Kelly E. McWilliams, III, Jennifer Budoff

Artificial Intelligence (“AI”) is no longer the stuff of sci-fi movies or alien invasions.  The technology has permeated everyday life from Siri and Alexa to Facebook and Google.  While marketing teams have been relying on AI for years to help streamline business efforts and target consumers, employers have finally joined in on the hype. 
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Governor Cuomo Signs Bill Updating the New York State Human Rights Law

August 13, 2019 | Blog | By Michael Arnold, Brie Kluytenaar

On Monday, Governor Cuomo signed into the law the last of four bills aimed at strengthening workplace protections for employees.  In mid-July, the Governor signed pay equity, salary history disclosure and hair discrimination laws into effect.  Now, the Governor has completed this effort by signing into the law a bill that makes significant changes to the New York Human Rights Law.
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Federal law nowadays certainly favors enforcement of agreements to arbitrate.  But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made.
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On June 18, 2019, Connecticut Governor Ned Lamont signed into law Public Act 19-16, “An Act Combatting Sexual Assault and Sexual Harassment,” also known as the “Time’s Up Act” (the “Act”). The Act involves several significant changes to Connecticut’s employment laws, with a particular focus on expanding sexual harassment prevention laws.
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Update on New York State's Pay Equity Legislation

July 16, 2019 | Blog | By Brie Kluytenaar

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On June 13, 2019, the Department of Health and Human Services (HHS), the Department of Labor (DOL), the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) (collectively, the “Departments”) issued a coordinated set of final regulations (“final rules”). Entitled, “Health Reimbursement Arrangements and Other Account-Based Group Health Plans,” the final rules expand employers’ ability to offer health reimbursement arrangements (HRAs) to their employees to be used in conjunction with individual market coverage and recognize a new type of excepted benefit HRA that allows employees to pay for HIPAA excepted benefits and short-term coverage. This post summarizes the final rules.
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The Bubbler

July 3, 2019 | Blog | By Natalie Young

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President Directs Agencies to Expand HSA and FSA Rules

July 1, 2019 | Blog | By Patricia Moran

In an Executive Order issued on June 24, 2019, President Trump directed several agencies to address a number of health care related matters through regulation.  This focuses on Section 6 which takes aim at Health Savings Accounts (HSAs), health care Flexible Spending Accounts (FSAs), and medical expenses generally.
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New York To Curb Employer Use of Applicant and Employee Wage and Salary History

June 26, 2019 | Blog | By Brie Kluytenaar, Michael Arnold

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New York Extends Pay Equity Act to All Protected Classes

June 25, 2019 | Blog | By Jennifer Budoff, Michael Arnold

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Massachusetts Paid Family and Medical Leave - Summary of Final Regulations

June 24, 2019 | Blog | By Natalie Young, Patricia Moran

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The wait is over.  Earlier today (and earlier than the July 1, 2019 due date), the Department of Family and Medical Leave (the Department) issued much-anticipated final regulations for the new Massachusetts Paid Family and Medical Leave law (MAPFML).  We are in the process of reviewing and analyzing these new regulations and will have a full analysis available soon. 
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On May 31, 2019, in Stein v. Blankfein, et. al., the Delaware Court of Chancery reaffirmed the Delaware Supreme Court’s holding in In re: Investors Bancorp, Inc. Stockholder Litigation (more information here) that the “entire fairness” standard applies with regard to director approval of director compensation. The Stein case builds on the precedent set in Investors Bancorp and provides additional insights.
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The Bubbler

The Bubbler - June 2019

June 13, 2019 | Blog | By Brie Kluytenaar

Welcome to June! As we head into the summer, the employment law world continues to heat up! We have rounded up the most recent developments impacting employers for your summer reading pleasure here.
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What’s New In Westchester County

June 13, 2019 | Blog | By Brie Kluytenaar

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