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District Court in California Denies Motion to Dismiss, Finds an Independent Review Organization to Be a Functional Fiduciary Under ERISA

Ogletree Deakins • June 16, 2019
In Josef K. v. California Physicians’ Service, No. 18-cv-06385-YGR (U.S. District Court for the Northern District of California, June 3, 2019), Judge Yvonne Gonzalez Rogers concluded that an independent medical review (IMR) organization can be subject to a claim under the Employee Retirement Income Security Act of 1974 (ERISA) as amended, 29 U.S.C. 1132(a)(3), for breach of fiduciary duties based on the review of a medical necessity appeal under an ERISA-governed employee welfare benefit plan.

Keeping an Eye on Artificial Intelligence Regulation and Legislation

Ogletree Deakins • June 16, 2019
More and more organizations are beginning to use or expand their use of artificial intelligence (AI) tools and services in the workplace. Despite AI’s proven potential for enhancing efficiency and decision-making, it has raised a host of issues in the workplace which, in turn, have prompted an array of federal and state regulatory efforts that are likely to increase in the near future.

EEO-1 Component 1 Down... Component 2 Pay Data Up Next

Jackson Lewis P.C. • June 16, 2019
The May 31, 2019, deadline for filing EEO-1 Component 1 race-and-gender data has come and gone. The portal for filing Component 1 data will remain open for several more months, however, and there are no fines or penalties for filing late.

Illinois Set to Legalize Recreational Marijuana

XpertHR • June 16, 2019
Illinois is set to become the 11th state to legalize recreational marijuana after both houses of the state legislature voted in favor of legalization. Gov. J.B. Pritzker is a legalization supporter, and has said he will sign the measure, which would be effective January 1, 2020.

New Deadlines For Massachusetts Employers Under the Paid Family Medical Leave Program

Littler Mendelson, P.C. • June 16, 2019
On June 13, 2019, Massachusetts Governor Charlie Baker signed an emergency bill amending the Paid Family Medical Leave (PFML) law. The bill, and subsequent guidance provided by the Massachusetts Department of Paid Family Medical Leave (Department), change three key deadlines under PFML.

Texas Paid Sick Leave Question of the Hour: What do Employers do Now?

Littler Mendelson, P.C. • June 16, 2019
Just when Texas employers were about to breathe a sigh of relief, believing a reprieve from mandatory compliance with three separate municipal paid sick leave ordinances was on its way, the Texas Legislature failed to pass a seemingly well-supported bill to preempt all such ordinances from taking effect and being enforced. Now paid sick leave ordinances in San Antonio and Dallas are scheduled to take effect on August 1, 2019. With open questions remaining, employers are left to decide how and when to comply.

Tennessee Adopts 20-Factor Test in Independent Contractor Analysis

Jackson Lewis P.C. • June 16, 2019
Rejecting the strict “ABC” test adopted by its appellate court, Tennessee has enacted a new law (H.B. 539) adopting a 20-factor test to determine employee-versus-independent contractor status. The new law becomes effective January 1, 2020.

New Mexico Joins the Nationwide Movement to "Ban the Box"

FordHarrison LLP • June 16, 2019
Executive Summary: On April 3, 2019, New Mexico expanded the state’s “Ban the Box” law to include private employers. “Ban the Box” is a nationwide effort to eliminate the checkbox on employment applications inquiring into applicants’ criminal history. Over the last few years, thirty-four states have joined the movement to “Ban the Box.” Among these states, twelve – California, Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington – as well as the District of Columbia have passed Ban the Box laws for private employers. In a press release, New Mexico Governor Michelle Lujan Grisham said “[i]t is our responsibility to ensure that we create a pathway for individuals to contribute to our economy and to our communities.” This seems to be the consensus among more than 150 cities which have also enacted their own version of Ban the Box laws.
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