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4 Tips to Help Benefits Plans Achieve Mental Health Parity

As federal benefits regulators turn their focus toward plans' mental health offerings and California lawmakers expand plans' obligations in that area, now is a great time for employers to ensure their plan approaches mental health treatment the same way as traditional medical care. In a recent article by Law360, McDermott partner Judith Wethall helps explain the importance of mental health parity in benefits plans. Access the article.

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Labor Relations Could See Changes under Biden

As the US election cycle begins to wind down, labor stakeholders say one thing is clear: Labor relations across the nation could see big changes under Democratic president-elect Joe Biden. In a recent article by the Daily Journal, McDermott partners Ron Holland and Chris Foster discuss the impacts a Biden presidency could have on the National Labor Relations Board and the state of labor relations in the United States. Access the article.

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Can Employers Require Workers to Get Flu Shots?

Flu season is officially here, and in light of the COVID-19 pandemic's continued effects across the country, doctors are imploring people to get their annual flu shot. In a recent interview with the Los Angeles Times, McDermott partner Michelle Strowhiro discussed approaches and options for employers as they consider making the flu vaccine mandatory. Access the article.

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DOL Creates Path for 401(k) Plans to Offer Private Equity Investment Options

In June, the US Department of Labor issued an information letter indicating that it will allow defined contribution retirement plans (such as 401(k) plans) to indirectly invest in private equity funds. While information letters are not binding, this new guidance creates a significant opportunity for plan sponsors to consider investment options that include private equity funds. However, it will be important for both plan sponsors and funds to carefully evaluate potential investments for compliance with fiduciary requirements. Access the article.

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DOL Proposed Regulations on Proxy Voting

The Department of Labor (DOL) issued a proposed rule with 30-day comment period to address the application of fiduciaries' duties with respect to proxy voting and exercises of other shareholder rights. The proposal requires fiduciaries to vote any proxy where the matter being voted upon would have an economic impact on the plan and prohibits fiduciaries from voting any proxy that does not have an economic impact on the plan. In our recent webinar, we reviewed the proposal and explained what the changes mean for plan sponsors. View the slide deck here.

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CCPA Amendment Update: California Legislature Approves Exceptions for HIPAA De-Identified Information and Other Health Data

On September 25, 2020, California Governor Gavin Newsom signed into law California AB 713, which amends the California Consumer Privacy Act (CCPA) to except from its requirements certain health information, including information that has been de-identified in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The bill’s enactment eases some of the CCPA compliance challenges experienced by the health care and life sciences industries by more closely aligning the CCPA with HIPAA and other laws governing human subjects research. The new law also amends the CCPA to except all business associates to the extent that they maintain, use or disclose patient information in the same manner as protected health information under HIPAA. Access the article.

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Healthcare Employers: What You Need to Know about the New FFCRA “Health Care Provider” Exclusion and California COVID-19 Supplemental Paid Sick Leave

Healthcare employers are immediately impacted by two recent developments in federal and California COVID-19 paid leave laws: a Department of Labor revision to the Families First Coronavirus Response Act (FFCRA) and a new California supplemental paid sick leave legislation. For both changes in the law, quick action is required for compliance. Access the article.

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Employer Considerations for Remote and In-Person Workers as the School Year Commences

With the school year underway, employers in the United States face a new challenge: childcare-related leave and accommodation requests by employees. With widespread remote learning and evolving legal obligations to provide paid leave to working parents, employers must navigate unique staffing challenges while complying with the Families First Coronavirus Response Act (FFCRA) and other state and local leave laws. In our recent webinar, we outlined some of the current leave requirements regarding childcare obligations and practical solutions to navigate these uncharted waters. View the slide deck here.

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