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June 10, 2013 | Blog | By Martha Zackin
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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IRS, Treasury Department Issue Proposed Rules Governing Minimum Value, Affordability, and Wellness Programs
May 16, 2013 | Advisory
A key policy goal of the Patient Protection and Affordable Care Act (the “Act”) is the expansion of health insurance coverage to all Americans. The concepts of “minimum value” and its correlate “actuarial value” speak to the generosity of that coverage.
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New York City Passes Earned Sick Time Act; Expects to Override Mayor Bloomberg's Threatened Veto Yet Again
May 15, 2013 | Blog | By Martha Zackin
As expected, the New York City Council has passed the Earned Sick Time Act, which, if enacted, will require most City employers to provide job-protected sick leave, whether paid or unpaid, to the more than 1.6 million employees who currently do not receive this benefit.
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Five Years in the Making - IRS Releases Findings from Colleges and Universities Compliance Project
May 13, 2013 | Blog | By Martha Zackin
The IRS announced it is nearing completion of a five year long compliance project involving tax-exempt colleges and universities. The project, which began with questionnaires to 400 randomly-selected institutions, focused on reporting of executive compensation and unrelated business income.
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Staffing Industry Compliance with the Employer Shared Responsibility (aka “Pay-or-Play”) Provisions of the Affordable Care Act: Five Questions
May 2, 2013 | Advisory | By Edward Lenz
Under the Patient Protection and Affordable Care Act, the federal government, state governments, insurers, employers, and individuals all share responsibility to make affordable health insurance coverage widely available.
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Staffing Industry Compliance with the Employer Shared Responsibility (aka "Pay-or-Play") Provisions of the Affordable Care Act: Five Questions
May 2, 2013 | Blog | By Martha Zackin
Under the Patient Protection and Affordable Care Act (the “Act”), the federal government, state governments, insurers, employers, and individuals all share responsibility to make affordable health insurance coverage widely available.
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Court Closes Workers Compensation Loophole for Staffing Companies
April 30, 2013 | Blog | By Martha Zackin
A recent Massachusetts court decision upheld efforts by staffing companies and workers compensation insurers to close a loophole that allowed staffing-firm employees injured at a client company both to collect workers compensation benefits and to sue the company where they were hurt.
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EEOC Holds Both Staffing Firms and Staffing Clients Responsible Under EEO Laws
April 25, 2013 | Blog | By Martha Zackin
Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm (click here for the EEOC press release). According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated by failing to give the employee any further job assignments or opportunities.
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FLSA Collective Action: Supreme Court Holds Offer of Judgment Moots Claim
April 18, 2013 | Blog | By Martha Zackin
Does a “make whole” offer of judgment to the lead plaintiff in a wage and hour collective action put an end to the case? According to the US Supreme Court, the answer is “yes”- at least on the specific facts of the case before it.
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FLSA Class Actions: Recent Seventh Circuit Decision Points To Merger Of Certification Standards
April 9, 2013 | Blog | By Martha Zackin
A significant recent Seventh Circuit decision, written by noted Judge Richard Posner, affirmed decertification of an FLSA collective action, essentially on the ground that the collective action could not satisfy the predominance standard under Fed. R. Civ. P. 23(b)(3). You read that correctly.
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Termination of Rutgers basketball coach highlights importance of employment advice to athletic departments
April 4, 2013 | Blog | By Martha Zackin
Rutgers University announced its termination of the employment of men’s basketball coach Mike Rice. The firing occurred after a media frenzy from the release of video of practices in which Mr. Rice was observed shoving players, throwing balls at them, and using gay slurs.
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Who Owns a LinkedIn Account? An Update to Eagle v. Edcomm, Inc.
March 20, 2013 | Blog | By Martha Zackin
In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm).
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Discrimination Against the Unemployed Now Prohibited in New York City
March 14, 2013 | Alert | By Michael Arnold
New York City employers beware: The New York City Council has once again acted to expand the nation’s broadest anti-discrimination law — this time to prohibit discrimination against New York City’s unemployed.
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Mayor Bloomberg Vetoes Legislation Prohibiting Discrimination Against Unemployed
February 25, 2013 | Blog | By Martha Zackin
As we predicted in an earlier blog post, Mayor Michael Bloomberg has vetoed legislation aimed at prohibiting discrimination against New York City’s unemployed.
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New FMLA Forms Now Available
February 15, 2013 | Blog | By Martha Zackin
February 6, 2013 was the 20th anniversary of the signing of the Family and Medical Leave Act. In celebration, the United States Department of Labor released the results of a survey on the law’s use and impact.
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The New HIPAA Omnibus Rule & Your Liability
February 15, 2013 | Advisory | By Dianne Bourque, Cynthia Larose
The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently released final regulations1 containing modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules (Omnibus Rule).
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New York City on the Verge of Prohibiting Discrimination Based on an Individual's Unemployment Status
February 14, 2013 | Blog | By Martha Zackin
New York City employers beware: The New York City Council has once again acted to expand the nation’s broadest anti-discrimination law – this time to prohibit discrimination against New York City’s unemployed.
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The Affordable Care Act’s Employer Mandate and the Collectively Bargained Workforce
February 7, 2013 | Advisory | By Patricia Moran
As 2014 rapidly approaches, employers of all sizes and all industries are working hard to avoid the Affordable Care Act’s (the “Act”) Employer Mandate, now appearing in the Internal Revenue Code, Section 4980H.
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DOL, IRS, and HHS Put the Brakes on Stand-Alone HRAs Used to Access Health Insurance Coverage in the Individual Market
February 1, 2013 | Advisory | By Gary Bacher
In a set of Frequently Asked Questions1 (FAQs) posted to the Department of Labor’s website on January 24, the Departments of Health and Human Services, Labor, and Treasury (the “Departments”) put a stop to an approach to health plan design under which employers furnish employees with a pre-determined dollar amount (a “defined contribution”) that employees can apply toward the purchase of health insurance coverage in the individual health insurance market.
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Update #2 on Fiscal Cliff Commuter Tax Benefits
January 17, 2013 | Blog | By Martha Zackin
On January 4 and 14, we blogged about the American Taxpayer Relief Act of 2012’s (ATRA) increases in the pre-tax contribution that commuters may make towards van pools as well as transit passes.
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