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The October 1 Deadline for Employer Health Care Reform Notices Is Coming!
September 25, 2013 | Blog
On or before October 1, 2013, most employers are required to distribute a notice to their employees informing them about the new Health Care Reform Marketplace (also known as “the Exchanges”). Here are the highlights of this new requirement:
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New York City Council Amends New York City Human Rights Law to Require Employers to Provide Reasonable Accommodations to Pregnant Employees
September 24, 2013 | Blog
The nation’s broadest anti-discrimination law just got broader – now requiring employers to provide reasonable accommodations to pregnant employees. Existing Federal, state and city laws already protect women against pregnancy discrimination, but none went so far as to require reasonable accommodations.
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Treasury Department/IRS Clarify Federal Tax Treatment of Same-Sex Marriages: Assessing the Impact on Employee Benefit Plans
September 9, 2013 | Advisory | By Ann Fievet
In recently issued Revenue Ruling 2013-17, the Treasury Department and the Internal Revenue Service (IRS) ruled that all legal same-sex marriages will be recognized for federal tax purposes.
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PE Funds May Be Liable For Portfolio Company Pension Liabilities
August 14, 2013 | Advisory | By Adam Gale, David Lagasse
A recent decision by the U.S. Court of Appeals for the First Circuit increases the risk that a private equity fund could be liable for its portfolio company’s unfunded pension liabilities. Additionally, one portfolio company could potentially become liable for the pension liabilities of a fund’s other portfolio companies.
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United States Department of Labor Looks to Develop Smartphone Apps as Part of Internet Shaming Strategy
August 12, 2013 | Blog | By Martha Zackin
The Society for Human Resource Management (SHRM) recently published an article Michael Arnold wrote regarding the United States Department of Labor's development and use of mobile apps to help promote an Internet shaming strategy against non-compliant employers.
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Cafeteria Plans, the Affordable Care Act, and Continued Compliance with the Massachusetts Free-Rider Surcharge Requirement--New Advice from the Massachusetts Health Insurance Connector
August 2, 2013 | Blog | By Martha Zackin
Established as part of the 2006 Massachusetts health care reform law, the Massachusetts Health Insurance Connector served as a model for the Affordable Care Act’s American Health Benefit Exchanges, also known as insurance marketplaces.
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Massachusetts Private Health Care Exchange Announced
August 2, 2013 | Blog | By Martha Zackin
In a client advisory issued yesterday, we explain how the rules governing insurance marketplaces under the Affordable Care Act affect compliance with the Massachusetts free-rider surcharge.
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Cafeteria Plans, the Affordable Care Act, and Continued Compliance with the Massachusetts Free-Rider Surcharge Requirement—New Advice from the Massachusetts Health Insurance Connector
August 1, 2013 | Advisory | By Patricia Moran
Established as a part of the comprehensive 2006 Massachusetts health care reform law, the Massachusetts Health Insurance Connector (a/k/a the “Connector”) served as a model for the American Health Benefit Exchanges that are a central feature of the Patient Protection and Affordable Care Act.
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"Directly or Indirectly" Means Just That ....
July 26, 2013 | Blog | By Martha Zackin
A federal district court in Florida granted a preliminary injunction prohibiting five former employees of Mainline Information Systems from soliciting certain customers and using confidential information in violation of their employment agreements and prohibiting the employees’ new employer and its senior vice president for sales from assisting the employees
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PCORI Fee Payment and Filing Deadline is July 31, 2013
July 25, 2013 | Blog | By Martha Zackin
The Affordable Care Act has established a new annual fee, imposed on group health plans, which will be used to fund the Patient Centered Outcomes Research Institute. The amount of the fee is $1 times the average number of individuals covered under the plan for the first year, then $2 times average covered individuals thereafter.
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Massachusetts Fair Share Law and HIRD Form Requirements Repealed
July 18, 2013 | Alert | By Patricia Moran
Effective July 1, 2013, the Massachusetts “Fair Share” Law1 has been repealed as part of the Commonwealth’s 2014 fiscal year budget package.
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Update: Don't Hate Me 'Cause I'm Beautiful: Termination Based on "Irresistible Attraction" is Not Unlawful Sex Discrimination
July 12, 2013 | Blog | By Martha Zackin
On January 4, we wrote that the Iowa Supreme Court ruled that a dentist acted legally when he fired a female employee because he had become irresistibly attracted to her – a situation the employer’s wife, also an employee, found objectionable. Earlier today the Court, which had taken the unusual step of granting a motion for reconsideration, upheld its decision.
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Unpaid Intern Decision May Provide Second Circuit the Opportunity to Clarify its Position on Class Certification in Light of Comcast
July 8, 2013 | Blog | By Martha Zackin
As we wrote about previously, the legality of unpaid internships is a hot issue this summer, with courts struggling over two issues: (1) whether employers must classify entry-level “interns” as employees under the law, and therefore pay them at least minimum wage and overtime, and (2) whether the job conditions of groups of interns are similar enough so that class action
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Obama Administration Announces a One-Year Delay in the Enforcement of the Affordable Care Act's Employer Shared Responsibility (a/k/a "Pay-or-Play") Rules
July 3, 2013 | Blog | By Martha Zackin
In a surprise announcement posted yesterday to the White’s House website, the Obama Administration announced a one-year delay (to January 1, 2105) in the enforcement of the employer shared responsibility rules enacted into law by the Patient Protection and Affordable Care Act.
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The Impact of the Supreme Court’s DOMA Decision on Employee Benefit Plans — Some Certainty, Many Unanswered Questions
July 3, 2013 | Advisory
The regulation of marriage was historically presumed to be the exclusive domain of the states. Since 1996, however, the Defense of Marriage Act of 1996 (“DOMA”)1 changed this presumption in two important respects:
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The Obamacare Delays and the Massachusetts "Fair Share" Employer Mandate: Now What?
July 3, 2013 | Blog | By Martha Zackin
As we reported in our post earlier today, the Obama administration has decided to delay implementation of the “employer shared responsibility” mandate for in order to afford employers more time to prepare for compliance.
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Equal Pay Act: Male employee's strong negotiating skills not a "factor other than sex" to justify pay differential
June 18, 2013 | Blog | By Martha Zackin
The Equal Pay Act prohibits employers from paying a female employee less than a male employee for work that requires substantially equal skill, effort and responsibility, and that is performed under similar working conditions within the same establishment.
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Unpaid Internships may be more costly than you think: follow-up to recent post
June 12, 2013 | Blog | By Martha Zackin
On June 11, in Glatt v. Fox Searchlight Pictures, Inc.., the US District Court for the Southern District of New York held that unpaid interns who worked for on the movie “Black Swan” had been improperly classified, and were entitled to pay for all hours work.
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Unpaid Internships may be more costly than you may think
June 11, 2013 | Blog | By Martha Zackin
What do fashion designer Norma Kamali, journalist Charlie Rose, Elite Model Management Corporation, and the Hearst Corporation have in common? All have been sued by former unpaid interns, claiming that their unpaid status violated the Fair Labor Standards Act.
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Temporary and Contract Workers: Who Is a “Variable Hour” Employee under the Affordable Care Act?
June 10, 2013 | Advisory | By Edward Lenz
The Affordable Care Act’s employer shared responsibility rules will require large employers (50 or more full-time and full-time equivalent employees) to make an offer of minimum essential coverage to at least 95% of their full-time employees or pay a non-deductible excise tax on all their full-time employees.
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