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September 2017 Archives

FDA: Warning letter to Pfizer re EpiPen cites laxity

As revealed in a recent Bloomberg article, there is a stark difference of opinion between health regulators at the U.S Food and Drug Administration and Pfizer, a global pharmaceutical company, regarding one of the latter's product offerings.

NLRB Judge Rules Against SolarCity's Arbitration Agreement

On Friday, September 8, 2017, National Labor Relations Board ("NLRB" or the "Board") Administrative Law Judge Eleanor Laws ruled that SolarCity Corp. ("SolarCity") maintained arbitration agreements with its employees which were illegal due to the fact that they could be read by workers as restricting their rights to file unfair labor practice charges with the NLRB.

Employers' casual reliance on background checks: not a good idea

If you're a Connecticut employer poised to respond to the results of a would-be employee's background check that reveals a past criminal conviction, there's no problem in simply stamping a "reject" rejoinder on his or her job application, right?

Ruling on UPS ERISA Suit over Benefits Cap Reversed by Ninth Circuit

On Friday, September 8, 2017, a three-judge panel for the U.S. Court of Appeals in the Ninth Circuit reversed U.S. District Judge Cathy Ann Bencivengo's summary judgment award to United Parcel Service of America Inc. ("UPS") and Blue Cross and Blue Shield of Illinois ("BCBS") (collectively, the "Defendants"), which held that Defendants were not in violation of the Affordable Care Act ("ACA") or the Public Health Service Act ("PHSA") in capping Gary King's ("Plaintiff") lifetime health insurance coverage benefits, and that they did not violate the disclosure requirements of the Employee Retirement Income Security Act ("ERISA") in their informing plan participants about the cap.

Please dim those lights: national bank under a withering glare

When asked to name a financial institution that has had a flatly awful past year from a publicity and consumer trust standpoint, it wouldn't be too surprising to see a poll of respondents come up with Wells Fargo, would it?