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Government Shutdown Would Pose a Myriad of Issues for Employers

September 30, 2013 | Blog

If Congress fails to pass an appropriations bill by midnight tonight, the government will partially shut down and private sector employers along with federal employees will be greatly impacted by reduced government services and furloughs. Here is a rundown of some employment-related issues associated with any shutdown.
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No More Playing Cute With Non-Solicitation Obligations: First Circuit Court of Appeals Rejects "Customer Called Me First" Argument

September 27, 2013 | Blog

Non-solicitation agreements now may have more teeth in Massachusetts. This week, in Corporate Technologies, Inc. v. Harnett, the First Circuit Court of Appeals allowed to stand an earlier injunction prohibiting Brian Harnett, a former employee of Corporate Technologies, from conducting business with Corporate Technologies’ customers.
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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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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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"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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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 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:

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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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 | 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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