The Department of Labor’s (DOL) Employee Benefits Security Administration has issued final regulations that change the claims and appeals procedures for disability benefits provided by ERISA plans. The final rules are substantially the same as the proposed rules the DOL had issued […]
Second Circuit Upholds NLRB Whole Foods Decision Allowing Employee Recording in the Workplace
June 20, 2017
With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from management. In an unpublished summary order with no precedential value, […]
DHS Rescinds DAPA Program and Makes Explicit Statement about DACA (And Then Backtracks Again)
June 19, 2017
On June 15, 2017, the Department of Homeland Security (DHS) issued a memorandum that formally ended litigation over former President Barack Obama’s 2014 program, the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), and the expansion of […]
Travel Ban 2.0: Current Status
June 16, 2017
This client alert summarizes the most recent developments in the litigation over President Trump’s so-called “Travel Ban” issued by Executive Order on March 10, 2017. Current Status On June 12, 2017, the Ninth Circuit Court of Appeals upheld a district […]
Candice Jackson, the U.S. Department of Education’s Office for Civil Rights’ Acting Assistant Secretary for Civil Rights, recently provided a “new internal guidance” memorandum to staff that significantly changes the Office for Civil Rights (OCR) protocols for investigating civil rights […]
IL Supreme Court Rules IHSA Not Subject to FOIA
June 15, 2017
The FOIA litigation saga continues as the Illinois Supreme Court in Better Government Association v. IHSA ruled in favor of the athletic association and High School District 230, holding that the records requested are not public records subject to the Freedom […]
U.S. Supreme Court Finds that Retirement Plans Sponsored by Religious Hospitals Are Exempt from ERISA
June 8, 2017
The United States Supreme Court has ruled that retirement plans sponsored by church-affiliated organizations, such as hospitals, are exempt from ERISA. ERISA’s “church plan exemption” provides that a retirement plan that is “established and maintained” by a church is exempt […]
Transgender High School Student Prevails in Bathroom Access Case Before Federal Appellate Court Over Illinois
June 8, 2017
In an opinion issued last week, the Seventh Circuit Court of Appeals decided in favor of a transgender student who challenged his high school’s decision to limit his access to boys’ communal bathrooms. Ash Whitaker, a high school senior, brought […]