December 21, 2023

Labor and Employment Newsletter

3 min

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.


ACHOO!: Employer Tips and Tricks for Getting Through Cold and Flu Season

With the onset of winter, employers are bracing themselves for the uptick in employee time off due to illness. We have prepared an overview with some reminders to help employers get through the next few months.

Fast-Approaching Deadlines for Employee Benefit Plans

The end of 2023 brings important deadlines for employers that sponsor 401(k) plans, 403(b) plans, and group health plans.

  • January 1, 2024, is the operational deadline for 401(k) plans and 403(b) plans to liberalize service-based exclusions for certain long-term, part time employees.
  • December 31, 2023, is the deadline for group health plans to submit an attestation of compliance regarding “gag clauses” in their provider, network, and TPA agreements.
  • January 1, 2024, is the deadline for calendar-year group health plans to make cost-sharing information available for all covered items and services.
Massachusetts District Court Denies False Claims Act Retaliation Claim Despite Finding Protected Activity Preceding Termination

On November 13, 2023, following a bench trial, a federal district court in the district of Massachusetts held that an employer's termination of an employee was not a violation of the whistleblower and retaliation protections of the False Claims Act, despite finding that the employee had engaged in protected activity prior to her termination. This employer-friendly ruling illustrates that employees cannot use protected activity as a shield for behavior that would otherwise warrant discipline or termination.

Tip of the Month

Jeffery MeyerJeffery Meyer: As we approach the new year, employers will face a number of changes in labor and employment laws. The minimum wage will increase in many jurisdictions, and changes to discrimination laws will take effect, which will require updates to employee handbooks and employment policies. Employers should review their current practices and policies, with the assistance of counsel, to confirm their compliance with the changed laws as we head into 2024. The evolution of labor and employment law, for better or worse, continues to roll on!

About the Labor and Employment Group

The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.

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