Joseph S. Murray IV
Section 1557 Of the ACA, Association Discrimination, and Health Insurance Coverage For an Employee’s Dependent With Gender Dysphoria
The regulations implementing Section 1557 of the Affordable Care Act (“ACA”) prohibit covered health insurance providers from discriminating against…
4th Circuit Jumps To Conclusion That Sham Affidavit Rule Applies To Unsworn Statements
Does a pre-litigation, unsworn statement constitute “testimony” sufficient to invoke the sham affidavit rule when a party subsequently testifies in an…
Recent Court Decisions
Labor & Employment Law Section The U.S. Court of Appeals for the 4th Circuit and the N.C. Court of Appeals issued the following employment law opinions in…
A Claim By Any Other Name Would Still Be Pre-empted By ERISA
You and I make a deal: You pay me monthly installments and when an event occurs, I will pay you a set amount of money (we’ll call this deal “life…
EEOC Wants In On NLRB’s Fun: EEOC Focuses On Waivers, Releases and Arbitration Agreements
For the past couple of years, the nonunion employment bar has watched as the National Labor Relations Board upended the law surrounding handbooks, waivers,…
Sharif v. United Airlines, Inc.: Discharging Employee For FMLA Fraud and Dishonesty Is Not FMLA Retaliation
A Halloween treat for employers and a trick for FMLA-abusing, dishonest employees: The 4th Circuit held that terminating an employee for abusing FMLA leave…
Recent Court Opinions
The U.S. Court of Appeals for the 4th Circuit and the N.C. Court of Appeals issued the following labor and employment law opinions in the past several weeks:…