As featured in #WorkforceWednesdayThis week, we examine the enforcement risks employers could face in the complex, state-by-state landscape of abortion law after Roe v. Wade.

Continue Reading Video: Enforcement Risk Post-Roe, 11th State Passes Paid Family and Medical Leave, FTC/NLRB Join Forces – Employment Law This Week

Since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, state legislatures across the country have accelerated their discussion of new laws either restricting or further protecting access to abortions.  A state senate bill in South Carolina, S. 1373 currently pending in the Senate Committee on Medical Affairs, would not only ban almost all abortions in that state, but would also afford novel whistleblower protections. Specifically, S. 1373 imposes criminal penalties, punishable by imprisonment for ten years, for persons who “take any action to impede a whistleblower from communicating about a violation of this article with the Attorney General, a solicitor, or any other person authorized to bring an action in violation of this article.”

Continue Reading South Carolina Abortion Bill Contains Harsh Criminal Penalties for Interfering with Whistleblowers

As featured in #WorkforceWednesday:  This week, we look at two U.S. Supreme Court decisions and legislation in California with major implications for employers and health care providers.

Continue Reading Video: Employers Respond to Dobbs, Implications of the Supreme Court’s EPA Ruling, and Pay Increases for CA Health Care Workers – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we look at the significance of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and the impact that the overturning of Roe v. Wade will have on employers.

Continue Reading Video: SCOTUS Overturns Roe v. Wade – What Employers Should Consider – Employment Law This Week

Employment issues to consider while awaiting decision in Dobbs v Jackson Women’s Health Organization

The United States Supreme Court (“SCOTUS”) will imminently release its decision in Dobbs v Jackson Women’s Health Organization, and if the final ruling is consistent with the recently-leaked draft opinion (overturning Roe v Wade and Planned Parenthood v Casey), employers may soon need to contend with a variety of novel employment and benefits related issues. Some employers have already begun to consider and plan for a post-Roe workplace. Those who have not would be wise to do so now, to best ensure a well-coordinated and thoughtful approach.

For example, some employers have publicly announced plans to provide expanded healthcare benefits, travel, lodging and other benefits to employees who may seek abortion-related services in states where those medical services will be prohibited or limited.  These benefits raise complex legal issues applicable to employers’ group health plans and fringe benefit plans, including conflicts between federal and state law, federal ERISA preemption and potential employer civil and/or criminal liability for providing these benefits.

Continue Reading Employers, Are You Ready for a Possible Post-Roe Workplace?