Employment

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.

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.

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.

The recently enacted Bipartisan Budget Act of 2015 repealed Section 1511 of the Affordable Care Act (ACA), which generally would have required employers with more than 200 full-time employees to automatically enroll new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).

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.

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.

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.

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.

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.

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.

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?

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.

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.

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.

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.

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?

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.

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively (here, here, here and here) about the possibility of obesity discrimination lawsuits becoming the next wave of disability discrimination litigation, and now we have a new test case in New Jersey, and this time with a unique twist or two.

At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming “milk was a bad choice.”

On October 6, 2015, the D.C. Council introduced the Universal Paid Leave Act of 2014.