A federal court recently ordered an employer, WellStar Health System Inc., to pay $750,000.00 to a former employee’s widow for breaching its fiduciary duty in administering its group life insurance plan.
West Virginia recently enacted the Safer Workplace Act to advance “the confidence of West Virginia workers that they are in safe workplaces ... by recognizing the right of West Virginia’s employers to require mandatory drug testing.”
California’s Labor Code ensures employees a “day of rest” by providing that every employee “is entitled to one day‘s rest therefrom in seven" and that "no employer of labor shall cause his employees to work more than six days in seven."
On May 1, 2017, the Third Circuit affirmed the dismissal of a False Claims Act (FCA) case in which the eelator had asserted that Genentech concealed information about side effects of its cancer drug, Avastin. U.S. ex rel. Petratos, v. Genentech Inc., et al., Case No. 15-3805 (3rd Cir. May 1, 2017).
The Supreme Court ruled on Monday that cities have standing under the Fair Housing Act (FHA) to sue banks based on allegations of discriminatory lending practices that purportedly led to economic losses for the cities through lower tax revenues and increased demand for city services.
On April 24, 2017, U.S. Attorney General Jeff Sessions announced that the Department of Justice (DOJ) will remain committed to enforcing laws relating to corporate misconduct and other white collar crime.
On April 19, 2017, West Virginia Governor Jim Justice signed Senate Bill 386 allowing the use of medical marijuana in the state. The law creates a medical cannabis commission that will adopt the necessary regulations for the state’s Bureau of Public Health to issue marijuana patient identification cards beginning on July 1, 2019. The bureau also will inspect medical marijuana business, process applications, and issue business licenses to a limited number of growers and dispensaries.
On April 13, 2017, the Department of Health and Human Services (HHS) finalized a regulation intended to stabilize the Affordable Care Act (ACA) marketplaces by creating policies beneficial to the insurance industry.
Eleven states currently limit employers' use of credit information in employment: California, Colorado, Connecticut, Delaware (which currently applies only to public employers), Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont and Washington.
On April 5, 2017, President Trump signed the congressional resolution disapproving Occupational Safety and Health Administration’s (OSHA) rule, “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” generally referred to as the Volks rule.
The People’s Republic of China has passed a new cybersecurity law that is set to take effect on June 1, 2017. While the law’s stated purpose is to fight hackers and is primarily aimed at internet companies, it has potentially far-reaching consequences for companies doing business in China.
On March 27, 2017, President Trump signed the congressional resolution disapproving the so-called federal contractor “blacklisting” rules that require federal contractors to disclose labor law violations.