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Four groups — the ERISA Industry Committee, the American Benefits Council, the U.S. Chamber of Commerce and the Business Roundtable — filed an amicus brief July 26 to urge 2nd Circuit judges to support the principle of deference to plan administrators’ decisions over benefit plans. When plans reserve discretionary authority in plan documents, courts must […]
An employer whose COBRA/leave policy did not align with a stop-loss policy’s terms continues to be on the hook for a COBRA qualified beneficiary’s medical claims that were rejected by the stop-loss insurer. The employer unsuccessfully appealed a lower court ruling that the claims were ineligible under the policy terms because they did not include […]
What laws govern substance abuse and alcohol abuse and the ability to conduct alcohol and drug testing? “In California, it’s really surprising that there’s not a specific statute – in either our labor code, or under the Fair Employment and Housing Act, or anywhere – that specifically provides the step-by-step: what can you do, what […]