A split three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled that a federal district court should decide whether Aramark can proceed with its lawsuit against Aetna or must resolve the dispute through arbitration. According to the court’s ruling, the arbitration clause is sufficiently ambiguous to be subject to court review.
Aetna, a subsidiary of CVS
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New State Labor and Employment Laws Now in Effect
States have enacted various employment-related laws that took effect in 2026. These laws cover various topics such as gig worker and whistleblower protections, employment contracts, data privacy, and workplace and pay transparency. This post includes a survey of some of the more notable laws that are now in place but does not include all such laws. Likewise, this post specifically
Virginia Sues PBMs and Insulin Manufacturers Over Inflated Pricing Scheme
The Commonwealth of Virginia has filed suit against various pharmacy benefit managers (PBMs) and insulin manufacturers for allegedly violating the Virginia Consumer Protection Act. According to the lawsuit, the defendants, including Express Scripts, CVS Caremark, and OptumRx, as well as Sanofi-Aventis U.S. and Novo Nordisk, engaged in an insulin pricing scheme that artificially inflated insulin prices, deceiving consumers in the
Wage and Hour Division Issues FLSA Opinion Letters
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued various opinion letters construing the Fair Labor Standards Act (FLSA) in early January 2026. The letters address various issues under the FLSA, including the loss of exempt status after a pay change, the interplay between performance bonuses and overtime, and the provisions of collective bargaining agreements
Employers Facing ERISA Lawsuits Over Cost and Value of Voluntary Benefit Plans
Employers are increasingly facing lawsuits under the Employee Retirement Income Security Act (ERISA) for their voluntary benefit plans, which include products such as accident, critical illness, hospital indemnity, and cancer insurance. Since coverage is voluntary, employees pay most or all of the policy premiums, although employers deduct the premiums from their paychecks.
Filed just before Christmas, the suits have targeted
Major Legal Changes for Employers and Human Resources Departments in 2025
Employers and Human Resources (HR) departments have seen major changes in employment law throughout 2025. These rapid changes underscore the need for employers and HR professionals to stay ahead and adapt to them as swiftly as they develop.
Executive Orders
President Donald Trump issued more than 200 executive orders (EOs) in 2025, which is more than any president in the
Republican Senator Accuses CVS CEO of Fraud, Regulatory Violations, and Inflated Health Care Costs
Sen. Marsha Blackburn (R-Tenn.), a member of the Senate Finance Committee, sent a letter to David Joyner, CEO of CVS Health, asking for answers on “the company’s lengthy record of fraud and regulatory violations” as well as the “role the company has played in driving up healthcare costs.” Blackburn accused CVS of increasing health insurance premiums, which, in turn, have
DOL Proposes New Independent Contractor Rule Under FLSA
According to a White House Office of Management and Budget notice, the U.S. Department of Labor (DOL) has delivered its new independent contractor rule under the Fair Labor Standards Act (FLSA). DOL previously identified the regulation as one to revisit in August and September 2025, but the new regulation has only surfaced now. The White House has provided no further
Senate Rejects Bills to Extend ACA Subsidies from Both Parties
The U.S. Senate has failed to bring to a vote two bills that would have extended subsidies under the Affordable Care Act (ACA) beyond the end of the year. Meanwhile, a coalition of 22 House Democrats and 15 House Republicans, led by Rep. Jennifer Kiggans, R-Va., has proposed the CommonGround for Affordable Health Care Act bill, which could at least
DOJ Eliminates Disparate Impact Discrimination Enforcement Under Title VI
The U.S. Department of Justice (DOJ) has issued a final rule that fundamentally changes existing civil rights enforcement under Title VI of the Civil Rights Act of 1964 by eliminating disparate-impact liability cases. The new rule states that DOJ will focus its enforcement efforts on intentional discrimination rather than on disparate impact. According to the DOJ, the enforcement shift complies