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Democratic Attorneys General Support DOL’s Fight for Narrower Definition of ERISA Health Plans

A group of 22 Democratic AGs, led by District of Columbia AG Karl Racine, filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit in S. Department of Labor v. Data Marketing Partnership, No. 20-11179, in support of the Department of Labor’s (“DOL”) position that the district court erred in determining that a program through which users obtain health insurance in exchange for personal data is an “employee benefit plan” as defined by the Employee Retirement Income Security Act of 1974 (“ERISA”).

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State Contractor Criminally Charged for Alleged Underpayment of Fringe Benefits to Prevailing Wage Workers

Pennsylvania AG Josh Shapiro charged state contractor Glenn O. Hawbaker, Inc. (“Hawbaker”) with four counts of theft relating to Hawbaker’s alleged underpayment of more than $20 million to its employees in violation of the Pennsylvania Prevailing Wage Act and the federal Davis-Bacon Act. The complaint alleges, among other things, that Hawbaker routinely miscalculated and wrongly…

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Janitorial Service Company Accused of Duping Immigrants into Unconscionable Franchise Agreements

Washington AG Bob Ferguson sued janitorial services company National Maintenance Contractors , LLC and related entities (collectively “NMC”) over allegations that it used deceptive and misleading tactics to market its franchises in violation of Washington’s Consumer Protection Act, and Franchise Investment Protection Act.

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Supreme Court Sides with States’ Right to Regulate Pharmacy Benefit Managers Reimbursement Rates

Arkansas AG Leslie Rutledge, obtained a ruling from the U.S. Supreme Court in Rutledge v. Pharmaceutical Care Management Association, 18-540, upholding Arkansas’s right to regulate the prices at which pharmacy benefit managers (“PMBs”) reimburse pharmacies for drugs covered by prescription-drug plans. A PBM challenged the Arkansas law that regulated PBM reimbursement rates (“Act 900”), arguing that it was preempted by the Employee Retirement Income Security Act (“ERISA”), and the U.S. Court of Appeals for the Eighth Circuit agreed. AG Rutledge appealed.

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