United States: Health Plans Without Significant Hospitalization Or Physician Services Coverage Do Not Satisfy The Affordable Care Act’s Minimum Value Requirement

Applicable large employers who are subject to the employer shared-responsibility provisions of the Patient Protection and Affordable Care Act (“ACA”) should consider the consequences of offering group health plans that do not provide significant coverage for in-patient hospitalization services or that do not provide significant coverage for physician services (or both) – this is the message that the Department Health and Human Services and the Department of Treasury (the “Departments”) sought to convey in […]

By | November 21st, 2014 ||

Canada: British Columbia Court Of Appeal Puts A Price On Non-Competition Provisions

Given the ever-increasing mobility of today’s workforce, employers need to protect themselves from the damage that can be caused by departing employees.  The traditional view of Canadian courts towards restraints of trade is skeptical. The characterisation of a contractual provision as being a restraint on trade is very important in this regard.  Once a clause is so designated, Canadian courts will strictly scrutinize it and will not hesitate to strike it down should the […]

By | November 21st, 2014 ||

United States: Juries And The EEOC Take Aim At Pregnancy Discrimination

Back in the summer, we wrote about the Equal Opportunity Commission’s release of its updated enforcement guidance on pregnancy discrimination claims under the Pregnancy Discrimination Act.  Under the PDA, discrimination based on pregnancy, childbirth or related conditions are a form of sex discrimination.  Two recent cases highlight that both juries and the EEOC intend to take pregnancy discrimination claims seriously.

In California, a former AutoZone employee sued AutoZone for retaliation and sex discrimination claiming she […]

By | November 21st, 2014 ||