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CMS Announces 2023 Medicare Premiums and Deductibles


By on Oct 3, 2022
Posted In Employee Benefits, Health and Welfare Plans

On September 27, 2022, the Centers for Medicare & Medicaid Services (CMS) released 2023 premiums, deductibles and coinsurance amounts for Medicare Parts A and B, and the Medicare Part D income-related monthly adjustment amounts. In 2023, the standard monthly premium for Medicare Part B enrollees will be $164.90, a decrease of $5.20 (from $170.10) in 2022,...

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CMS Recommends Cost Savings Be Passed Along to Medicare Part B Beneficiaries


By on Aug 16, 2022
Posted In Employee Benefits, Health and Welfare Plans

The US Centers for Medicare & Medicaid Services (CMS) recently released a report recommending that cost savings from lower-than-expected Medicare Part B spending be passed along to individuals with Medicare Part B coverage in the calculation of the 2023 Part B premium. CMS’s recommendations are based upon the development of the Part B premium and...

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Monkeypox Declared a National Public Health Emergency


By on Aug 12, 2022
Posted In Employee Benefits, Health and Welfare Plans

On August 4, 2022, the Biden administration declared monkeypox a public health emergency (PHE), a step that will allow the federal government to work with more agility to combat the spreading outbreak, including via expedited vaccine distribution and expanded testing. The PHE declaration follows the recent appointment of federal officials to head up the monkeypox...

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New York City’s Wage Transparency Law to Take Effect November 1, 2022


By , , and on May 31, 2022
Posted In Employee Benefits, Employment, Executive Compensation, Labor

On January 15, 2022, the New York City Council enacted Local Law 32 of 2022 (Wage Transparency Law or Law) to amend the New York City Human Rights Law (NYCHRL) to require that most employers include compensation data in their job advertisements. The Law was supposed to take effect on May 15, 2022, however, it...

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The Challenges and Opportunities of Hybrid Work


By on Apr 26, 2022
Posted In Benefit Controversies, Employee Benefits, Employment, Labor, Privacy and Data Security

What are some of the challenges and opportunities of hybrid work arrangements? In this Lexology GTDT Market Intelligence article, McDermott Partner Carole Spink offers insight about tracking remote work, navigating local rules, and protecting confidential and propriety information. Access the article.

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US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated


By , and on Jan 28, 2022
Posted In Employment, Labor

California’s Private Attorneys General Act (PAGA) has so far evaded arbitration agreements. Now, the Supreme Court of the United States will take up Viking River Cruises, Inc. v. Moriana to determine whether the Federal Arbitration Act (FAA) “requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA.”...

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Round Up of 2021 Legal Issues for US Remote Workers


By on Dec 29, 2021
Posted In Employment, Labor

In a global interview panel sponsored by Lexology, McDermott Partner Carole A. Spink discusses the most critical US legal issues for remote workers. Spink explains how US employers can best prepare for the continuation of remote work and its corresponding legal complexities. Access the report.

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Fifth Circuit Brings Enforcement Back into the Mix: The Latest Court Moves with the CMS Vaccination Mandate


By , , and on Dec 21, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

A flurry of litigation in federal district and appellate courts has led to an even split between states in which the COVID-19 vaccine mandate issued by the US Centers for Medicare and Medicaid Services (CMS) may be implemented and states in which such implementation has been prevented. Additional appeals are expected shortly; however, the practical...

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Vaccine Exemption Requests Put Legal Departments in Tricky Spot


By on Nov 11, 2021
Posted In Employment, Health and Welfare Plans

As more employers mandate vaccines for their workforces, in-house legal departments are encountering a host of challenges, including understanding religious accommodations and minimizing litigation exposure. According to this article published in Law.com, employers should have the ability to navigate Americans with Disabilities Act (ADA) and Title VII-related accommodation requests. However, McDermott Partner Carole Spink said...

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Four Things To Know About COVID ‘Long-Haulers’ At Work


By on Aug 31, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans

Research continues to shed light on COVID-19’s long-term health effects for some people, and these “post-COVID conditions” will create additional challenges for employers. In this Law360 article, McDermott partner Carole A. Spink says employers should be aware that long-haul COVID symptoms mean additional accommodations for employees. “As they have done throughout the pandemic, employers should...

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