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UPDATE: OMB Says DOL May Publish Final Rule on White Collar Exemptions in July 2016

November 23, 2015 | Blog | By Jill Collins

July 2016.  That’s when the final rule on the white collar overtime exemptions is expected to be published by the DOL – this according to the OMB’s Fall 2015 Unified Agenda and Regulatory Plan released last Thursday.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 18 of 24): Terminations, Changes in Status and Service Breaks under the Monthly Measurement Method

November 20, 2015 | Blog

The final regulations under Code § 4980H establish two—and only two—methods for determining an employee’s status as full-time: the monthly measurement method and the look-back measurement method. Under the former (as the name suggests) an employee’s status as full-time is determined month-by-month.
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NLRB Won’t Take “No” For an Answer — Holds Class Action Waiver in Arbitration Agreement Unlawful Despite Two Previous Reversals at the Fifth Circuit

November 16, 2015 | Blog | By George Patterson

The NLRB has once again held that a mandatory arbitration agreement including a class/collective action waiver violates the National Labor Relations Act.
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Breaking News: DOL Indicates That New White Collar Exemption Overtime Rule May Not Go Into Effect Until Late 2016

November 12, 2015 | Blog | By Jill Collins

The Department of Labor’s proposed overhaul of the white-collar exemption overtime regulations, which could expand overtime eligibility to an estimated 4.6 million workers, may not go into effect on the breakneck timeline that employers feared.
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Corporate Counsel: Circuit Court Backs NLRB on Social Media Conduct, Voids Handbook Provision

November 11, 2015 | Blog

My colleague, Don Schroeder, was quoted in the Corporate Counsel article, Circuit Court Backs NLRB on Social Media Conduct, Voids Handbook Provision, in which he analyzes the NLRB’s stance on employer rules regarding worker conduct on social media.
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NYT: Many Low-Income Workers Say ‘No’ to Health Insurance

November 11, 2015 | Blog

A recent New York Times article, Many Low-Income Workers Say ‘No’ to Health Insurance, referenced a blog post written by our very own Alden Bianchi in which he outlines the complex rules regarding health insurance underwriting practices. The NYT article examines the shortcomings of employer-based healthcare coverage for low wage hourly workers.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 17 of 24): Reporting for Offers of Coverage and Auto-enrollment

November 11, 2015 | Blog

The recently enacted Bipartisan Budget Act of 2015 repealed Section 1511 of the Affordable Care Act (ACA), which generally would have required employers with more than 200 full-time employees to automatically enroll new full-time employees in one of the employer’s health benefits plans (subject to any waiting period authorized by law).
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Second Circuit “Likes” Where NLRB Shakes Out on Social Media: Finds that Facebook “Likes” and Obscenity-Riddled Posts Were Protected by NLRA

November 6, 2015 | Blog | By David Katz

A unanimous panel of the Second Circuit recently upheld the NLRB's well-publicized Facebook "Like" decision, which found that a sports bar violated the National Labor Relations Act when it terminated two employees for “liking” and commenting on a disparaging post from a former employee.
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Fifth Circuit (Again) Reverses NLRB and Finds Class Action Waivers in Arbitration Agreements Do Not Violate the NLRA

November 5, 2015 | Blog | By Brent Douglas

The battle between the NLRB and the Fifth Circuit rages on, as the Fifth Circuit again ruled that employers do not violate the National Labor Relations Act when they require employees to sign arbitration agreements containing class/collective action waivers.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 16 of 24): Reporting for, and Clearing Up Confusion Over, Post-65 Retiree Health Reimbursement Arrangements

November 3, 2015 | Blog

In an earlier post, we reported on a troubling development in the draft 2015 instructions for Forms 1094-B and 1095-B which, if adopted, would have required sponsors of Health Reimbursement Arrangements (“HRA”) to issue separate Forms 1095-B and transmit on Form 1094-C when the HRA was integrated with fully-insured coverage.
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Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

November 3, 2015 | Blog

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee.  For starters, don’t tell the employee her job is being eliminated and then run an advertisement seeking to fill her position.
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NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

November 3, 2015 | Blog | By Natalie C. Groot

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships.
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New York Wage Deduction Amendments Renewed for Another Three Years

November 2, 2015 | Blog

In case you were wondering, and we that know you were, Governor Cuomo recently signed a bill that extends the 2012 amendments made to NY’s Wage Deduction Law until November 2018.  Without the extension, the amendments would have expired this week.
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Corporate Divorce Series: An Employment Relationship Fail

October 30, 2015 | Blog | By Jennifer Rubin

Few of us can honestly say that our job never disappoints us and the same can probably be said of personal relationships. But how do you know when you are in a failed employment relationship and what do you do about it?
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New York State Employers Face Strict New Equal Pay and Sex Discrimination Laws

October 30, 2015 | Blog | By George Patterson

New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional protections for women in and outside the workplace.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 15 of 24): Coding Form 1095-C, Part II for Offers of COBRA Coverage

October 27, 2015 | Blog

As we noted in a previous post, the recently issued final 2015 Instructions for Forms 1094-C and 1095-C changed certain of the rules relating to the reporting for offers of COBRA coverage where the COBRA qualifying event occurs in the reporting year.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 14 of 24): Coding Form 1095-C, Part II for Mid-Month Hires, Re-Hires and Terminations

October 23, 2015 | Blog

When reporting offers of coverage to full-time employees under the Affordable Care Act’s (ACA) employer shared responsibility rules, much of the detail appears in Part II of IRS Form 1095-C, Lines 14, 15 and 16.
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Mach Mining Continuing to Make its Mark: Second Circuit Holds that Review of EEOC Pre-suit Investigation Extremely Limited

October 23, 2015 | Blog | By Robert Sheridan

An appeals court just made it harder for employers to challenge lawsuits against them by the Equal Employment Opportunity Commission on the basis that the EEOC failed to properly investigate the alleged wrongdoing before suing.
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Corporate Divorce Series: Your Cheatin’ Heart ... Is Thinking About Leaving a Job Flirting or Infidelity?

October 14, 2015 | Blog | By Jennifer Rubin

You don’t have to have an Ashley Madison account to know that a spouse who strays into an affair is unfaithful to the marriage. Is there a similar adulterous line for employees when they consider leaving an existing job?
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 13 of 24): Coding Form 1095-C, Part II for Short- and Long-Term Disability Benefits

October 13, 2015 | Blog

Compliance with the Affordable Care Act’s (ACA) employer shared responsibility rules requires that applicable large employers identify their full-time employees. A “full-time employee” for this purpose is an employee who works on average 30 hours per week or 130 hours per month.
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