This newsletter briefly discusses several recent
developments in employee benefits and executive compensation that
may be of interest. For more details on any item reported herein,
please contact any member of Blank Rome's Employee Benefits and
Executive Compensation group.
Interim Final Regulations Issued Under the Mental Health
Parity and Addiction Equity Act of 2008
On February 2, 2010, the Departments of Treasury, Labor, and
Health and Human Services issued interim final regulations
providing guidance regarding the requirements of the Mental Health
Parity and Addiction Equity Act of 2008 ("MHPAEA").
MHPAEA is generally effective for plan years beginning on or after
October 3, 2009. The interim final regulations are effective for
plan years beginning on or after July 1, 2010, with a delayed
effective date for certain collectively bargained plans....
Specific Questions relating to this article should be addressed directly to the author.
The Georgia legislature has approved a proposed constitutional amendment to give effect to House Bill 173 (the "Georgia Restrictive Covenant Act"), which would dramatically change the law in Georgia with regard to the enforceability of restrictive covenants in employment agreements.
In January 2010, the Equal Employment Opportunity Commission ("EEOC") filed a lawsuit against the law firm Kelley Drye and Warren LLP, claiming that its alleged mandatory retirement of partners at age 70 violates the Age Discrimination in Employment Act ("ADEA").
The Equality Act 2010 ('the Act') consolidates anti-discrimination legislation into one document. Its purpose is to 'rationalise' and 'strengthen' existing equality legislation which it aims to do by creating 9 "protected characteristics":
More often than not, our courts have trouble keeping pace with advances in science and technology. The dilemmas presented by medical marijuana may be a situation where science and technology have been unable to keep up with the law and the courts.
The U.S. Department of Health and Human Services (HHS) recently issued proposed HITECH regulations that strengthen and clarify the privacy and security protection obligations with respect to protected health information and expand the requirements that apply to business associates.
As the Summer vacation period draws to a close, a number of students will be knocking on the door of employers, looking for an internship: a chance to gain experience of working life before undertaking further study or committing to a full-time career.
As Dr. Seuss once famously wrote (Marvin K. Mooney, Will You Please Go Now), "THE TIME HAS COME, THE TIME IS NOW". Good faith efforts to bargain with Chapter 9 of the Bankruptcy Code in the foreground must begin now if we want to emerge from this financial crisis.
On July 20, 2010, the Minnesota Court of Appeals issued a decision that clarifies the standard for determining whether certain workers are properly classified as employees or independent contractors.
