Best J dol Podcasts (2024)

1
Has the Supreme Court Ushered in the End of the Administrative State? 35:49

2M ago35:49

35:49

In three landmark rulings, Loper Bright, Jerkasy, and Corner Post, the Supreme Court altered the way the US government functions, especially with regard to issuing and enforcing regulations. Join Nita, David, and Burt as they explain and explore how these decisions impact employers and the rules we have all relied on. Contact Fortney & Scott: Tweet…

1
Update with EEOC Commissioner Lucas 27:06

3M ago27:06

27:06

EEOC Commissioner Andrea Lucas and David discuss the leading issues facing the Equal Employment Opportunity Commission, including corporate DEI programs, the Commissioner’s dissenting views on the new Pregnant Workers Fairness Act (PWFA) regulations, and the EEOC’s new Harassment Guidance, and the Agency’s amicus brief filed in the private litigati…

1
EP 150: PBM Regulation and Litigation and a Review of the J&J Case 21:46

2M ago21:46

21:46

In this episode, Suzanne Spradley and Chase Cannon review the current state and federal regulation of pharmacy benefit managers (PBMs), focusing on litigation surrounding recent state-enacted PBM rules. Suzanne starts off with a high-level description of PBMs and the role they play in the group health plan context. Suzanne and Chase discuss the ple…

1
EEOC’s Final PWFA Regulations 24:07

3M ago24:07

24:07

EEOC’s new Pregnant Workers Fairness Act regulations are effective beginning June 18. Join David and Nita as they discuss best practices for employers to prepare and to comply with the new regulations, and the key differences between the new PWFA and the existing ADA and FMLA requirements. Contact Fortney & Scott: Tweet us at @fortneyscott Follow u…

1
Regulatory Avalanche 28:51

4M ago28:51

28:51

With the election 6 months away, the Biden Administration has launched a cascade of momentous workplace regulations, significantly changing the rules regarding overtime, accommodations for pregnant workers, and the future of covenants not to compete, at the same time, heating up the tension between the agencies and the courts. Join Nita, David, and…

1
With 2024 Election Looming, What Are the Agencies Doing? 28:09

5M ago28:09

28:09

Budget ceilings, acting leadership, and skeptical courts combine to put pressure on the workplace agencies as the impending election further limits their options and opportunities. Join David, Nita, and Burt in a lively discussion of the current actions, inactions, and expectations of DOL, NLRB, EEOC, and the courts. Contact Fortney & Scott: Tweet …

1
EP 149: Updates on Prescription Drug Importation in the US 17:36

5M ago17:36

17:36

In this episode, Suzanne Spradley and Chase Cannon discuss the US importation policies and rules aimed at lowering domestic prescription drug costs. Suzanne walks through the legalities of drug importation generally and then outlines the specific programs by which states can develop importation plans. Chase and Suzanne discuss several state importa…

1
DEI Risk Assessment: What Employers Need to Do 21:38

5M ago21:38

21:38

With the ongoing attacks on corporate DEI programs, Keli Wilson, Director and Principal Consultant, Workforce Equity, DCI Consulting, joined Nita Beecher to discuss why employers should perform a privileged DEI risk assessment now. Keli, an Industrial-Organizational psychologist, outlined the type of in-depth assessment she recommends to her client…

1
EP 148: IRS Reminders: Employer Reporting Deadlines, Annual Numbers and an Alert on Wellness Vendors 21:50

6M ago21:50

21:50

In this episode, Chase Cannon and Suzanne Spradley remind employers about important ACA employer mandate reporting deadlines with the IRS, including a change in electronic reporting in 2024 for smaller employers. Chase also outlines some updated numbers relating to the federal poverty line (FPL), ACA affordability calculations and ACA penalty amoun…

1
DEI Faces New Challenges: How Employers Can Respond 20:27

6M ago20:27

20:27

As activists bring EEOC charges and federal lawsuits, many companies are re-examining their DE&I programs while seeking to remain committed to the goal of a more diverse and inclusive workforce. Join Burt, Nita, and Leslie Silverman as they discuss the challenges to DE&I and map out ways employers can avoid the legal pitfalls. Contact Fortney & Sco…

1
EP 147: Background & Developments on the No Surprise Act & Independent Dispute Resolution Process 21:07

7M ago21:07

21:07

In this episode, Suzanne Spradley and Chase Cannon give an overview of the No Surprises Act (NSA) — a consumer health protection law that places certain requirements on providers and payers (insurers and group health plans). Suzanne describes the main requirements under the NSA and introduces the Independent Dispute Resolution (IDR) process, which …

1
New Independent Contractor Rule Raises Issues of Compliance and Enforcement 24:56

7M ago24:56

24:56

The DOL’s new Independent Contractor Rule returns us to an era of ambiguity and unpredictable enforcement. Its multi-factored test leaves everyone uncertain as to how workers are to be classified but with a clear “thumb on the scale” in favor of finding employee status. Join David, Nita, and Burt in their lively discussion of the rule’s seven facto…

1
Meet Jessica Looman, Administrator of DOL’s Wage & Hour Division 28:47

8M ago28:47

28:47

The first episode of the DC Insider for 2024 is a very informative discussion between The Honorable Jessica Looman, Administrator of the US DOL’s Wage and Hour Division, and FortneyScott Co-Founder David Fortney. Ms. Looman, the recently confirmed top wage and hour official, addresses the Division’s plans for 2024, including compliance and enforcem…

1
Federal Regulatory Agenda, and the Impact on Employers 24:31

8M ago24:31

24:31

The last episode for 2023 focuses on the Fall 2023 Federal Regulatory Agenda, published December 6th, that provides the latest insights into the Biden Administration’s plans for new regulations in 2024. Join David, Burt and Nita as they unravel the numerous new regulations that impact employers being developed by the federal agencies governing the …

1
EP 146: Recent HIPAA Settlements Shed Light on Employer Compliance w/ HIPAA Privacy & Security Rules 20:10

9M ago20:10

20:10

In this episode, Chase Cannon and Suzanne Spradley discuss employer compliance with the HIPAA privacy and security rules via lessons learned from three new HHS HIPAA settlement announcements. Chase leads off with a high-level review of the HIPAA rules for both fully and self-insured plans and the importance of safeguarding protected health informat…

1
President Biden Issues an Executive Order on AI 15:52

10M ago15:52

15:52

On October 30th President Biden issued a sweeping executive order directing numerous federal agencies to take actions on AI. Join David and Savanna as they talk about AI governance efforts here in the United States and abroad and unpack the directives for the Department of Labor in the executive order to see what all this might mean for employers. …

1
Key Pending Supreme Court Cases That Employers Need to Track 27:34

10M ago27:34

27:34

The Supreme Court began a term packed with cases that affect the law of the workplace – and the entire way the government regulates business. Join David, Burt, and Nita as they explain why the Chevron doctrine, changes in the breadth of Title VII, and the legality of administrative enforcement impact every employer in the country. Contact Fortney &…

1
EP 145: Recent Court Case on Interfering with Plan Participant’s ERISA 510 Rights 17:38

11M ago17:38

17:38

In this episode, Suzanne Spradley and Chase Cannon discuss a recent circuit-level decision relating to employee termination and its interaction with a participant lawsuit based on ERISA Section 510 (which prohibits an employer’s interference with a plan participant’s right to benefits). Suzanne provides background on ERISA 510 and how it applies to…

1
Johnny Taylor, President and CEO of SHRM, Discusses DE&I and Workplace Challenges 21:54

11M ago21:54

21:54

Join a lively discussion with Johnny Taylor, President and CEO of SHRM, as he shares with David how SHRM and its members are addressing the latest DE&I developments and the related challenges employers face in addressing AI and Return to the Office. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneysco…

1
EP 144: Recent Developments at the State Level in CA, NY, TX, IL, OR, and ME 21:22

12M ago21:22

21:22

In this episode, Chase Cannon and Suzanne Spradley take a tour across the nation as they review several new regulatory developments in six states that could impact employers with employees or fully insured plans in those states. Chase outlines new or recently effective paid family leave rules in New York, Oregon, and Maine. Chase and Suzanne delve …

1
Challenges to DE&I Programs Mount: How Employers Mitigate Legal Risks 22:08

12M ago22:08

22:08

Challenges to corporate Diversity, Equity & Inclusion (DE&I) programs are escalating rapidly after the Supreme Court’s decision in Harvard/UNC rejecting the use of race in college admissions. Join FS attorneys David Fortney, Burt Fishman, Leslie Silverman and Nita Beecher as they outline the growing legal challenges to DE&I programs, the key legal …

1
EP 143: Recent Court Case Addresses ERISA Preemption of Oklahoma PBM Law 18:17

12M ago18:17

18:17

In this episode, Suzanne Spradley and Chase Cannon address a recent appellate-level court case that addresses ERISA preemption of a recently enacted Oklahoma state law regulating pharmacy benefit managers (PBM). Suzanne begins by laying the groundwork and history of ERISA and ERISA preemption. Suzanne and Chase discuss the Oklahoma state PBM law an…

1
Conversation with Solicitor of Labor Seema Nanda 30:41

1y ago30:41

30:41

Hear the latest developments from the chief lawyer at the U.S. Department of Labor, as David meets with The Honorable Seema Nanda, Solicitor of Labor. The Solicitor discusses the priorities for the 500+ attorneys at DOL and provides updates on key DOL rulemakings, interagency cooperation efforts, and compliance assistance tools and tips for practit…

1
EP 142: Recent DOL Enforcement on MHPAEA and Applied Behavior Analysis (ABA) Therapy Exclusions 19:15

1y ago19:15

19:15

In this episode, Chase Cannon and Suzanne Spradley discuss recent enforcement on MHPAEA. Chase jumps in with a description of DOL’s enforcement approach, including working through TPAs to identify plans that have or had ABA therapy exclusions. Suzanne and Chase discuss the administrative challenges with reprocessing ABA exclusion claims, which the …

1
EP 141: Proposed Congressional Bills Aimed at Transparency and Pricing 17:38

1y ago17:38

17:38

In this episode, Suzanne Spradley and Chase Cannon review several new pieces of proposed federal legislation coming out of the House. Suzanne discusses the Transparency in Billing Act, which requires hospitals to have better and more accurate billing practices, policies and procedures with respect to outpatient departments. Suzanne and Chase dive i…

1
Supreme Court Rejects Affirmative Action, Raises Standard for Religious Accommodations 22:53

1y ago22:53

22:53

The Supreme Court concluded its term by ending racial affirmative action in college admissions and by making it easier for workers to receive religious accommodations. Following a review of the Court’s rulings, the FortneyScott team (David, Leslie, Nita, and Burt) discuss the impact of the decisions on Employer’s federal contractor obligations, DE&…

1
EP 140: IRS Weighs in on Wellness Payments of Employer-Funded Fixed Indemnity Plans 18:25

1y ago18:25

18:25

In this episode, Chase Cannon and Suzanne Spradley discuss a recent IRS memo on wellness benefit payments via employer-funded fixed indemnity plans. Chase outlines the various iterations and structure of vendor-promoted wellness programs, which usually purport huge employment tax savings for employers. Chase and Suzanne outline the relevant tax rul…

1
EEOC Vice Chair Discusses New Pregnancy Protections 24:32

1y ago24:32

24:32

Join David and guest EEOC Vice Chair Jocelyn Samuels as they discuss the new Pregnant Workers Fairness Act (PWFA). The PWFA requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hard…

1
EP 139: Guidance and Litigation Relating to CAA Gag Clause Prohibitions 18:31

1y ago18:31

18:31

In this episode, Suzanne Spradley and Chase Cannon review the CAA’s prohibition on gag clauses in TPA and service provider contracts, as well as the employer’s obligation to attest to the removal of gag clauses (due December 31, 2023, for the first time). Suzanne outlines the challenges employers and plans face when working with TPAs, and explores …

1
Federal, State, and Local Governments Move to Regulate AI 21:43

1y ago21:43

21:43

The use of Artificial Intelligence (AI) in employment decision-making is getting the attention of federal, state, and local governments. This week, Nita Beecher and FS colleague Leslie Silverman welcomes guest Dr. Frida Polli, former EEOC Vice Chair, neuroscientist, and Chief Data Scientist of Harver to discuss the latest on government regulation o…

1
EP 138: Preventive Care Litigation, HSA Updates and Some Interesting Issues on Form 5500 Schedule As 19:48

1+ y ago19:48

19:48

In this episode, Chase Cannon and Suzanne Spradley discuss updates on the ACA preventive care mandate litigation, including a stay issued by the Fifth Circuit Court of Appeals. HSA contribution limits become a topic of discussion, as the IRS recently published updated numbers. Chase and Suzanne also discuss a common problem for employers filing For…

1
The NLRB Re-Makes the Law for ALL Employers 23:40

1+ y ago23:40

23:40

Join Nita, Burt, and FS colleague Liz Bradley as they explain the impact on ALL employers – with or without unions – of recent actions of the NLRB. From altering the definition of joint employee to changing what any employer can put in an employee handbook, to when a verbally abusive employee can be disciplined, the Board’s decisions will influence…

1
EP 137: National Debt, Debt Ceilings and the Impact on Healthcare and Group Health Plans 19:04

1+ y ago19:04

19:04

In this episode, Suzanne Spradley and Chase Cannon have a look at the national debt and debt ceiling and how they impact employers and their group health plans. Suzanne leads off with a discussion on the national debt and how Congress sets the debt ceiling. Suzanne and Chase go in depth on what a failure to raise the debt ceiling and/or default on …

1
EP 136: Recent HIPAA Violation Settlements from OCR 28:55

1+ y ago28:55

28:55

In this episode, Chase Cannon and Suzanne Spradley review several recent HIPAA violation settlements from the HHS Office for Civil Rights. Chase starts off by reviewing the general HIPAA obligations of fully and self-insured plans, including the importance of a HIPAA risk assessment. Chase and Suzanne discuss three real-life scenarios outlining way…

1
The Biden Administration Takes on AI 30:00

1+ y ago30:00

30:00

Join David, Savanna, and special guest Vicki Lipnic, former Acting Chair of the EEOC, as they discuss important recent AI developments at the federal level, legislative, and regulatory action on AI in states and localities, and efforts to make AI technology vendors liable for workplace discrimination. The discussion reviews the Biden Administration…

1
EP 135: Texas Court Invalidates a Portion of the ACA’s Preventive Services Coverage Requirement 20:16

1+ y ago20:16

20:16

In this episode, Suzanne Spradley and Chase Cannon discuss a recent Texas court ruling that invalidates a portion of the ACA’s preventive services coverage requirement. Suzanne provides a background of the plaintiffs and their arguments, including a Constitutional problem with the way the government appointed officers under the ACA and a religious …

1
Aggressive NLRB Ruling on Severance Agreements Impacts All Employers 22:28

1+ y ago22:28

22:28

The National Labor Relations Board continues its aggressive efforts to re-make labor law, issuing in a new decision that substantially limits severance agreements for nearly all US employers (both union and non-union). Join David, Nita, and Burt as they unpack the NLRB’s recent decision, McLaren Macomb, that limits broadly written nondisparagement …

1
DEI Under Assault: Will It Survive? 22:43

1+ y ago22:43

22:43

George Floyd’s death and activist shareholders pushed corporations to enhance their DEI programs, but now those programs are being challenged by conservative shareholders. Join David, Nita, and FS attorney John Clifford to discuss the new challenges to DEI and ESG, new oversight of employer compliance programs by shareholders and the SEC, as well a…

1
EP 134: IRS Mandates Electronic Filing for Smaller Employers 16:08

1+ y ago16:08

16:08

In this episode, Chase Cannon and Suzanne Spradley address recent IRS guidance that mandates electronic filing of certain tax forms – including Forms 1095-C – for smaller employers. Chase describes the background from Congress and the IRS and explains what it means now that any employer filing 10 or more forms (previously, this was 250) will be req…

1
EP 133: PBM Transparency: Potential State and Federal Activity 24:35

1+ y ago24:35

24:35

In this episode, Suzanne Spradley and Chase Cannon discuss potential activity at the federal and state level relating to PBM transparency. Suzanne begins the discussion by outlining a few proposals from Congress that attempt to hold PBMs accountable for unfair and deceptive practices that may be driving up prescription drug costs. Suzanne then addr…

1
AI Updates: EEOC Public Hearing & More 21:02

1+ y ago21:02

21:02

Learn the key takeaways from the EEOC hearing on Navigating Employment Discrimination in AI and Automated Systems and additional workplace AI developments. Joining Nita Beecher are former Vice Chair of EEOC, Leslie Silverman, to discuss the hearing, and Savanna Shuntich, who explains what employers are facing under the new NYC AI law, as well as th…

1
EP 132: Public Health Emergencies, Telehealth Extensions & State Compliance Considerations – 2023 26:03

1+ y ago26:03

26:03

In this episode, Beth Allen and Chase Cannon look at several new developments for plan compliance in 2023. The two start with the recent announcement on the end of the COVID-19 public health emergency, which impacts the outbreak period and extension of timeframes for certain compliance deadlines. Chase then dives in on the CAA 2023 extension of rel…

1
The EEOC and FTC Announce New Enforcement Initiatives 20:40

1+ y ago20:40

20:40

The Agencies take the lead while Congress stalemates. Joining David Fortney are Leslie Silverman, former Vice Chair of the EEOC, who shares key employer takeaways from EEOC’s new Strategic Enforcement Plan, and John Clifford who unpacks the Federal Trade Commission’s unprecedented proposal to ban noncompete agreements. Employers learn what to expec…

1
Hail and Farewell to the 117th Congress 23:50

1+ y ago23:50

23:50

Bipartisan achievement marked the last weeks of the 117th Congress. With divided government looming, the Congress ended with a series of significant legislative accomplishments and confirming a lot of new judges. Join Nita, David, and Burt as they analyze the impact on employers of the same-sex marriage bill, the long-delayed protections for women …

1
Ep 131: Healthcare Policy and Compliance Issues for Employers to Consider in 2023 24:25

1+ y ago24:25

24:25

In this episode, Suzanne Spradley and Chase Cannon highlight several areas of healthcare policy and compliance that will be on center stage in 2023. Suzanne starts with a discussion of transparency in healthcare and prescription drug costs, including several compliance requirements that will take effect in 2023. Suzanne and Chase discuss state comp…

1
What the Mid-Term Election Means for Employers 23:27

2y ago23:27

23:27

Divided government returns, with Ds retaining the Senate, and Rs narrowly winning the House. Join David, Nita, and Burt as they analyze the impact of the historic midterm elections on key nominations, forthcoming regulations to pursue the Biden pro-labor agenda and stepped-up oversight by an energized House Labor Committee. Contact Fortney & Scott:…

1
Ep 130: More COBRA Cases — Class Actions and COBRA Election Notices 18:37

2y ago18:37

18:37

In this episode, Suzanne Spradley and Chase Cannon discuss several recent COBRA cases. Suzanne starts by outlining several class action lawsuits filed against employers and plan sponsors relating to deficiencies in an employer health plan’s COBRA election notice. Suzanne and Chase discuss the use of the DOL’s Model Election Notice and how that usag…

1
The Supreme Court Takes on Affirmative Action 21:15

2y ago21:15

21:15

The Supreme Court heard arguments for 5 ½ hours! Join David, Nita, and Burt as they distill and condense the various positions taken on Constitutional rights, statutory requirements, the benefits of diversity, the burdens of racial preferences, and the impact on universities, employers, and society of the predicted reversal of precedents. Contact F…

1
DOL’s Proposed Independent Contractor Rule 18:31

2y ago18:31

18:31

The DOL’s long-awaited Independent Contractor regulations were finally issued and are the subject of the latest episode. Join Burt, and two Fortney Scott experts in Wage and Hour law, John Clifford and Savanna Shuntich, as they unravel and explain the impact of this lengthy, complex, and important regulation on employers and employees... including …

1
Ep 129: Recent Court Rulings on COBRA and the ACA 22:44

2y ago22:44

22:44

In this episode, Chase Cannon and Suzanne Spradley discuss three recent court rulings—all at the district court level. Chase outlines the first case relating to a COBRA election notice failure, including takeaways for employers to enhance their notice distribution procedures. Chase and Suzanne dive into an ACA-related case challenging gender-affirm…

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