December 1, 2017 | Blog | By Don Davis
As we enter the holiday season, we gather around the bubbler to sing about a few of our favorite (and not so favorite) things in the world of employment and labor law. Unfortunately, they’re not as sanguine as raindrops on roses or whiskers on kittens…
December 1, 2017 | Blog | By Natalie Young
In a November 21, 2017 NBC News feature story, Mintz Benefits attorney Alden Bianchi discusses the new health plans that claim to be lower-cost alternatives.
An Employer’s Resolutions for the New Year – A Mini-Series from the Employment Matters Blog. Resolution #1: Don’t let your Workplace be the Next Headline: Review and Refresh your Non-Harassment Policies and Training.
November 29, 2017 | Blog | By Jennifer Rubin
Welcome (almost) to the New Year: a time of renewal, a fresh start, a clean slate, and a time to make and hopefully keep resolutions. A “New Year’s Resolution” is, of course, a commitment in the coming year to change an undesired trait or behavior, to accomplish a goal or otherwise make a material improvement.
November 22, 2017 | Blog | By Emma Follansbee
Employers beware. A recent case serves as a reminder as we wind down the calendar year that employers should closely review their policies and procedures applying to employees paid on a 100% commission or draw basis.
November 21, 2017 | Blog | By Natalie Young
As reported by our sister blog, Privacy and Security Matters, the European Union’s General Data Protection Regulation (GDPR) is a game changer, and it is likely to impact US based companies who do business in the EU, even if they don't have a office or employees located there.
Proposed Regulations Issued Implementing Massachusetts Employer Medical Assistance Contribution (EMAC) Supplemental Contribution
November 20, 2017 | Blog | By Alden Bianchi
In an earlier post, we reported on the passage of H. 3822, “An Act Further Regulating Employer Contributions to Health Care,” (the “Act”), the purpose of which is to shore up the finances of the Commonwealth’s Medicaid program and its Children’s Health Insurance Program (CHIP). The law, which is a temporary measure, has two components or tiers.
November 13, 2017 | Blog | By Patricia Moran
Tis the season . . . for ERISA disclosure requirements, of course! Between open enrollment and the calendar year end, the list of documents, notices and updates required under ERISA looms large and annoying.
November 8, 2017 | Blog | By Don Davis
On November 1, 2017 the Equal Employment Opportunity Commission (EEOC) launched its new public portal to allow individuals to quickly and directly submit inquiries and requests for intake interviews to the EEOC. Will online access to the EEOC’s intake and inquiry process lead to an increase in discrimination charges?
California “Ban-the-Box” Law Significantly Limits Employers’ Ability to Obtain and Use Information About Criminal Convictions in Recruiting and Hiring
November 8, 2017 | Blog | By Paul Huston
Just six months after California modified its regulations concerning past criminal convictions for applicants, California has taken the additional step of modifying the Fair Employment and Housing Act (“FEHA”) to expressly prohibit employers from inquiring about an applicant’s criminal history prior to a conditional offer of employment.
The Law of Unintended Consequences: The Biometric Information Privacy Act and the Effects of the Illinois Class Action Epidemic on Employers
November 7, 2017 | Blog | By Brie Kluytenaar
Over on our sister blog, Privacy and Security Matters, Cynthia Larose has just published an article that will be of interest to any employer using or considering using biometric identifiers such as fingerprints, facial recognition, or retina scans in connection with employee identification, access and security protocols.
IRS (Quietly) Announces Procedures for the Assessment and Payment of Excise Taxes under the Affordable Care Act’s Employer Shared Responsibility Rules
November 6, 2017 | Blog | By Alden Bianchi
The Internal Revenue Service has for some time made available a comprehensive set of Questions & Answers covering the Affordable Care Act’s (ACA) employer shared responsibility rules. (These are the rules that are codified in Section 4980H of the Internal Revenue Code, the compliance with which is reported on IRS Forms 1094-C and 1095-C, etc.)
October 31, 2017 | Blog | By Brie Kluytenaar, Natalie Young
Trick or Treat! This month’s Bubbler is a cauldron full of hot new developments in employment law … the NYC Salary History law is now in effect … California followed suit and its salary history law will take effect on January 1, 2018
October 31, 2017 | Blog | By Brie Kluytenaar
As a reminder, the NYC law prohibiting employers and their agents from inquiring about or relying on an applicant's salary history goes into effect today.
October 30, 2017 | Blog | By Patricia Moran, Natalie Young
Hurricanes. Fires. Floods. Shootings. The evening news seems consistently laden with catastrophe. In times like these, a federal agency called the National Disaster Medical System (NDMS) often springs into action.
October 27, 2017 | Blog | By Gauri Punjabi
As 2017 starts to wind down, Massachusetts employers should start reviewing and revising their employment policies and practices so they are prepared for the Massachusetts Pregnant Workers Fairness Act (PWFA), which goes into effect on April 1, 2018
October 26, 2017 | Blog
Recent cases in New York and Pennsylvania demonstrate that, at least in some jurisdictions and under some circumstances, a plaintiff can state a valid claim for unlawful gender discrimination based on a spouse's jealousy.
October 24, 2017 | Blog | By Alden Bianchi
On October 13th, President Trump signed an Executive Order directing various federal agencies to consider how to achieve three administration health reform objectives: (1) expand access to Association Health Plans (AHPs); (2) increase the current limits on short-term health insurance; and (3) allow wider use of employer health reimbursement arrangements.
October 23, 2017 | Blog | By Don Davis
The federal courts in D.C. have long held that denial of a lateral transfer does not violate Title VII for the reason that, unlike where a promotion is denied, there is no adverse employment action when an employee is denied a purely lateral transfer.
Smaller Employers in California Required to Provide Job-Protected Unpaid Parental Leave Starting January 1, 2018
October 19, 2017 | Blog | By Audrey Nguyen
Governor Jerry Brown has signed the New Parent Leave Act, which will become effective January 1, 2018 and requires California employers with 20 to 49 employees within 75 miles to provide up to 12-weeks of job-protected unpaid parental leave. We summarize the new law below.
October 16, 2017 | Blog | By Jennifer Rubin
California has joined a growing list of jurisdictions, including New York City, Massachusetts, Delaware and Oregon, among others, banning salary history inquiries from job applicants. Governor Brown signed the law into effect last week and it becomes effective on January 1, 2018.
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