Since 2012, the number of lawsuits claiming employer violations of the Family and Medical Leave Act (FMLA) has more than tripled. Given the unique challenges the FMLA presents for employers, this rise is not surprising. [...]
On March 28, 2019, the Department of Labor (DOL) announced a proposal that would change the federal wage and hour regulations to clarify which perks, benefits and other forms of payments to employees must be factored into their overtime compensation. [...]
A policyholder is sued by a plaintiff alleging four distinct theories. The policyholder’s liability carrier does the right thing to resolve its coverage obligations by defending its insured, intervening in the suit, moving to bifurcate proceedings and securing a declaratory ruling that its policy provides potential coverage for only one [...]
In West Bend Mutual Insurance Company v. Ixthus Medical Supply, Inc., the Wisconsin Supreme Court examined several “advertising injury” coverage issues as a matter of first impression. West Bend issued a Commercial General Liability (CGL) policy to Ixthus that contained standard coverage for “personal and advertising injury.” Ixthus had been [...]
On Mar. 7, 2019, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking (NPRM) regarding changes to the “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA). [...]
In case you missed it, on Friday, Feb. 22, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is on schedule to post its next Corporate Scheduling Announcement List (CSAL) in mid-to-late March. The list will now include not only compliance reviews but also Section 503 Focused Reviews [...]
In Steadfast Insurance Co. v. Greenwich Insurance Co., the Wisconsin Supreme Court examined a typical situation where two carriers issued liability policies insuring the same insured, but for successive policy periods. [...]
Although the Occupational Safety and Health Administration (OSHA) has recently implemented many employer-favorable changes,* OSHA’s enforcement arm remains active investigating and fining employers. Below are three ways OSHA inspections are changing in 2019: [...]
In a widely-anticipated decision, the U.S. Court of Appeals for the Eighth Circuit recently held that United HealthCare violated its customers’ plan provisions when it engaged in the practice of “cross-plan offsetting.” Peterson et al. v. UnitedHealth Group, Inc., et al., Eighth Circuit Appeal No. 17-1744 (January 15, 2019). [...]
From time we use this blog to discuss new developments regarding insurance coverage. Of course, almost every insurance coverage issue starts with the language of the insurance policy. Thus, it is noteworthy to us “coverage geeks” when an insurer introduces a new exclusion to its policy form. [...]
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