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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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Something is Rotten at the Pork Roll Company ... and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for Disability Discrimination
October 13, 2015 | Blog | By David Katz
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.
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A WARNing to Directors and Officers — Failure to give proper WARN Act notice may breach your fiduciary duty
October 9, 2015 | Blog
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.”
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D.C. Council Introduces Legislation That Would Give D.C. Employees Up to 16 Weeks of Paid Family and Medical Leave
October 8, 2015 | Blog | By Alta Ray
On October 6, 2015, the D.C. Council introduced the Universal Paid Leave Act of 2014.
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California Expands Gender-Based Wage Protections by Adopting “Substantially Similar” Test and Requiring Employers to Justify Wage Discrepancies
October 8, 2015 | Blog | By Jennifer Rubin, Brent Douglas
The California Fair Pay Act, which goes into effect on January 1, 2016, prohibits employers from paying employees less than the rate paid to members of the opposite sex who perform “substantially similar” work.
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Corporate Divorce Series: Disparage-Me-Not
October 7, 2015 | Blog | By Jennifer Rubin
If you have been following my corporate divorce series, you may have read the “Break Up” piece where I advised newly terminated folks to keep their cool if they are unexpectedly fired because their post-firing behavior might impact a severance offer.
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Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on October 13, 2015
October 6, 2015 | Blog
A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime exemptions is set to go into effect on October 13, 2015.
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EU Top Court Invalidates Safe Harbor; Data Transfer Concerns Arise for EU/US Employers; Learn More About this at Tomorrow’s Privacy Webinar
October 6, 2015 | Blog | By Cynthia Larose
The Court of Justice of the European Union (ECJ) has now declared Safe Harbor invalid – in total.
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Student-Athlete Pay Ruling: What does this mean for the NCAA?
October 5, 2015 | Blog
My colleague, Tyrone Thomas was quoted in the Law360 article, Attorneys React to NCAA Student-Athlete Pay Ruling, in which he analyzes the Ninth Circuit Court’s decision to strike down the NCAA’s ban on paying student-athletes and outlines the positive implications of the decision for the NCAA.
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Congress Considers Amending NLRA to Require Direct Control for Joint Employer Findings
October 5, 2015 | Blog | By Erin Horton
On September 29, the House subcommittee on Health, Employment, Labor and Pensions held a legislative hearing to consider the Protecting Local Business Opportunity Act, H.R. 3459.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 12 of 24): Deconstructing Form 1095-C, Parts II and III
October 5, 2015 | Blog
This series is devoted principally to the reporting requirements imposed by Internal Revenue Code §§ 6055 and 6056 as added by §§ 1502 and 1514 of the Affordable Care Act (ACA), respectively. The former reports offers of minimum essential coverage, which allows taxpayers to demonstrate that they have complied with the law’s individual mandate.
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Why Getting Handbooks Right Matters: NLRB Judge Holds Verizon’s Restrictions on Employee Communications During Non-Working Time Violate the NLRA
October 1, 2015 | Blog | By George Patterson
Despite previous NLRB rulings telling them to stop, some employers continue to impose broad prohibitions on personal employee communications over company email.
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Eleventh Circuit Joins Second Circuit in Holding the Unpaid Intern FLSA Classification Analysis Depends on the “Primary Beneficiary” of the Relationship.
September 30, 2015 | Blog | By Dan Long
The Eleventh Circuit recently joined the Second Circuit in adopting the employer-friendly “primary beneficiary” test to determine whether unpaid interns are properly classified as employees under the FLSA.
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Time Warner-EEOC Settlement Provides a Cautionary Tale to Employers Who Provide Mothers More Parental Leave Than Fathers
September 29, 2015 | Blog | By Alta Ray
I recently read in the NY Times that the Equal Employment Opportunity Commission settled a charge with Time Warner, Inc., the parent company of CNN and Turner Broadcasting System, Inc. where a former employee alleged that Time Warner’s parental leave policy discriminated against him as a biological father.
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Internal Whistleblowing Protected Against Retaliation Under Dodd-Frank, Says Second Circuit
September 29, 2015 | Blog | By Brent Douglas
While the Dodd-Frank Act provides various protections to whistleblowers, federal courts have inconsistently interpreted who precisely qualifies as a whistleblower.
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