Legal Cases

The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against employees and job applicants who are 40 years of age or older on the basis of age. ADEA applies to employers with 20 or more employees, labor organizations, employment agencies, and the federal government.

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, and telecommunications. The ADA is designed to provide equal opportunities and eliminate barriers for people with disabilities.

The Armstrong Investigation was a study commissioned by President Theodore Roosevelt in 1905 to investigate working conditions and safety concerns in the meatpacking industry. The investigation led to the passage of the Meat Inspection Act and the Pure Food and Drug Act, which were aimed at improving food safety and protecting consumers.

The Do-Not-Call Improvement Act of 2007 is a federal law that amends the Telemarketing Sales Rule (TSR) and strengthens the protections for consumers against unwanted telemarketing calls.

The Employee Retirement Income Security Act (ERISA) is a federal law that sets minimum standards for employee benefit plans in private industry to provide protection for individuals enrolled in these plans. ERISA applies to most private- sector employer-provided pension, health, and welfare benefit plans, including group health plans, disability plans, life insurance plans, and retirement plans.

The Fair Credit Reporting Act (FCRA) is a federal law enacted in 1970 to regulate the collection, dissemination, and use of consumer information, including credit reports. The law provides protections for consumers against inaccurate or outdated information that may be used to deny them employment, credit, insurance, or other benefits.

The Family and Medical Leave Act (FMLA) is a federal law that requires certain employers to provide eligible employees with up to 12 weeks of unpaid leave per year for qualifying family or medical reasons. The law was enacted in 1993 and applies to public agencies, public and private schools, and private employers with 50 or more employees within a 75-mile radius.

The Federal Regulation of Interstate Commerce refers to the authority of the federal government to regulate commerce between states. This authority is granted by the Commerce Clause of the U.S. Constitution. The regulation of interstate commerce impacts employee benefits in various ways, including the regulation of employee benefit plans that are established or maintained by employers engaged in interstate commerce.

The Financial Services Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act (GLBA), is a federal law that aimed to modernize and deregulate the financial services industry. The act removed some of the barriers between different types of financial institutions and allowed them to merge and offer a wider range of financial products and services.

Full Prior Acts Coverage is an insurance policy provision that provides coverage for claims that arise from events that occurred prior to the policy's effective date, as long as the insured was unaware of those events at the time the policy was purchased. This provision is typically used in liability insurance policies, such as professional liability insurance.

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law passed in 1996 that establishes national standards for the protection of certain health information. HIPAA includes provisions that impact employee benefits, particularly with respect to health insurance.

The McCarran-Ferguson Act is a federal law passed by Congress in 1945 that gives states the power to regulate the insurance industry within their borders. It also exempts insurance companies from some federal antitrust laws, allowing them to share information and collaborate on setting rates and other industry practices.

The Patient Protection and Affordable Care Act (PPACA), commonly known as the Affordable Care Act (ACA) or Obamacare, is a federal law that was enacted in 2010. The law aims to increase access to affordable health insurance for individuals and small businesses, improve the quality of health care, and reduce health care costs. The law has a significant impact on employee benefits, particularly in the area of employer-sponsored health insurance.

Paul v. Virginia was a landmark decision by the U.S. Supreme Court in 1868 that clarified the federal government's limited role in regulating insurance. This case established that insurance is not interstate commerce and, therefore, is not subject to federal regulation under the Commerce Clause of the U.S. Constitution.

The Pregnancy Discrimination Act (PDA) is a federal law that prohibits employers from discriminating against employees or job applicants based on pregnancy, childbirth, or related medical conditions. The law applies to employers with 15 or more employees and covers a wide range of employment practices, including hiring, firing, promotions, and compensation.

The Privacy Act is a United States federal law that was enacted in 1974 to establish a set of privacy standards for the collection, maintenance, and dissemination of personal information by federal agencies. The act provides individuals with certain rights to access and amend their own personal information and also places restrictions on the disclosure of that information to third parties.

"Regulating producers" generally refers to the laws and regulations that govern insurance producers, also known as insurance agents or brokers. Insurance producers are licensed professionals who help individuals and businesses navigate the insurance market and purchase insurance policies that meet their needs.

The Taft-Hartley Trust, also known as a Taft-Hartley Health and Welfare Fund, is a type of multi-employer trust that provides employee benefits to unionized workers in various industries. It was created as a result of the Taft-Hartley Act of 1947, which allows unions and employers to negotiate for certain benefits to be provided through jointly-managed trusts.

The Tax Equity and Fiscal Responsibility Act (TEFRA) is a federal law enacted in 1982. It was primarily designed to reduce the federal budget deficit by raising taxes and cutting government spending. However, TEFRA also included provisions related to employee benefits, particularly in the area of retirement plans.

The Uniform Individual Accident and Sickness Policy Provisions Act (UPAA) is a model act created by the National Association of Insurance Commissioners (NAIC) to provide uniformity and consistency in accident and health insurance policies. It was first drafted in 1947 and has been amended multiple times since then. The UPAA is not a law, but rather a set of suggested guidelines for states to adopt in regulating individual health insurance policies.

United States v. Southeastern Underwriters Association (1944) was a landmark case in the history of insurance regulation in the United States. Prior to this case, insurance was largely regulated at the state level, but this ruling established that insurance was also subject to federal regulation under the Commerce Clause of the U.S. Constitution.

In insurance, a waiver is a document or clause in a policy that relinquishes a particular right or requirement. It means that the insurer waives or gives up their right to do something or enforce a particular policy provision under certain circumstances. A waiver can be added to an insurance policy through an endorsement or rider.

A Waiver of Premium is a provision in an insurance policy that allows the policyholder to stop paying premiums if they become disabled and unable to work. This provision is typically found in life insurance, disability insurance, and long-term care insurance policies. If the policyholder becomes disabled, the insurance company will waive the premium payments for the duration of the disability, allowing the policy to remain in force without interruption.