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The Affordable Care Act—Countdown to Compliance for Employers, Week 11: Rethinking ACA Compliance Strategies Involving Reference Pricing Models and “MVP” Arrangements

October 14, 2014 | Blog

Under the Affordable Care Act’s rules governing employer shared responsibility—which are codified in Internal Revenue Code § 4980H—where an applicable large employer makes an offer of group health plan coverage that is both “affordable” and provides “minimum value” to substantially all of its full-time employees
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Fail to Pay Wages in D.C. and Get Sued with Some of Your Closest Friends (and Contractors)

October 10, 2014 | Blog

If you are a D.C. employer, temporary staffing agency, contractor, or subcontractor, you have yet another wage and hour law to contend with: The Wage Theft Prevention Amendment Act of 2014.
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New York City Council Continues Push to Ban Credit Checks in Connection with Employment Decisions

October 9, 2014 | Blog

The New York City Council’s Committee on Civil Rights recently held a hearing on a bill that would amend the New York City Human Rights Law to prohibit employers from basing an employment decision on the consumer credit history of an applicant or employee.
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California Raiders … Not the Football Kind

October 7, 2014 | Blog

In a pair of recent decisions, two courts interpreting California’s quirky non-compete law confirm that employee non-recruitment covenants in California are enforceable—but only if those covenants are necessary to prevent employee raiding.
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He Loves Me, He Loves Me Not – Federal Appeals Court Confirms that Favoritism of a Paramour Is Not Gender Discrimination

October 7, 2014 | Blog

As one employee recently learned, a supervisor’s favoritism toward another employee because of a romantic relationship does not equate to unlawful discrimination. Additionally, a complaint of said favoritism cannot serve as the basis for an actionable retaliation claim.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 12: The Treatment of Unpaid Leaves of Absence Under the Look-back Measurement Method

October 6, 2014 | Blog

Final regulations implementing the Affordable Care Act’s employer shared responsibility rules furnish employers with two alternative methods—the monthly measurement method and the look-back measurement method—for identifying full-time employees.
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Who Hurts More? Another Battle in the Non-compete Wars

October 2, 2014 | Blog

A recent decision from a Georgia federal district court concerning post-employment non-compete agreements reached two notable conclusions of which employers should take note
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The Affordable Care Act: Focus on Adjunct Faculty

October 1, 2014 | Blog

The concepts of “hours of service” and “full time” loom large in the Affordable Care Act’s “employer shared responsibility” mandate (also known as the “employer mandate” or “pay or play mandate”). An employee who works 30 “hours of service” per week is considered to be “full time” under the mandate.
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Use of Big Data in Recruiting and Screening Could Mean Big Problems for Employers

October 1, 2014 | Blog

Recently, Allison Grande of Law360 reported on the warnings representatives from the FTC and EEOC provided to employers about using big data in the workplace at a panel hosted by the FTC. This post briefly explores those warnings.
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SHRM: Confront Employees Who Perpetrate Domestic Violence

October 1, 2014 | Blog

My colleague Tyrone Thomas was quoted in a SHRM article entitled Confront Employees Who Perpetrate Domestic Violence in which he comments on ways employers can investigate an employee’s alleged off-duty, off-site domestic violence. The article focuses on employers’ courses of action when they suspect an employee is committing domestic violence.
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Federal Court Stops the EEOC’s Assault on CVS’s Severance Agreement

September 30, 2014 | Blog

A federal court has tossed the EEOC’s controversial lawsuit against CVS seeking to invalidate its severance agreements. While the EEOC still has a similar lawsuit pending against another company in Colorado, employers can brief a sigh of relief for the moment.
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Employment Law Summer Recap 2014: Part 11 of 11 - GOOOOOOOOOOOOOOOOOOOOOAL: the World Cup and Onionhead Capture America’s Attention…Briefly

September 30, 2014 | Blog

This summer’s FIFA World Cup was truly spectacular. I know this because I’ve been working in the same office building for years and not once has every one of the 10+ pubs located within a five-block radius been packed to the gills on a weekday afternoon for a sporting event.
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Employment Law Summer Recap 2014: Part 10 of 11 - Derek Jeter and Big Macs: What Will Happen to Their Franchises Now?

September 29, 2014 | Blog

Sadly, for this writer, Yankee legend Derek Jeter’s playing days have come to a close. This summer we were able to watch the Captain and five-time World Series Champion take the final swings of his illustrious career where he finished 6th on the all-time hits list – a remarkable accomplishment.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 13: IRS Notice 2014-49 Offers Useful Guidance on Changes in Measurement Periods or Changes in Testing Methods

September 29, 2014 | Blog

For purposes of complying with the Affordable Care Act’s employer shared responsibility rules (which are codified in Internal Revenue Code § 4980H), employers must identify their “full-time employees.”
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Employment Law Summer Recap 2014: Part 9 of 11 - Mo’ne Davis, Becky Hammon and Obama’s Equal Pay Disclosure Rule: Three More Cracks in the Glass Ceiling

September 25, 2014 | Blog

Thirteen year-old pitching sensation Mo’ne Davis made headlines this summer as she became the first female to throw a shut-out in a Little League World Series game. She dominated batter after batter and looked mature beyond her years when she addressed the media.
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Employment Law Summer Recap 2014: Part 8 of 11 - New York’s Coldest Summer, Especially for Employers Who Utilized Unpaid Interns

September 24, 2014 | Blog

It felt like we were in a dream. Or maybe San Diego. Day after day, 82 degrees and little humidity. In a word: pleasant. We know next summer probably won’t be the same, but we sure enjoyed this one.
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Putative Class Members Not Lovin’ It – Court Denies Conditional Certification of Supersized McDonald’s FLSA Class of More Than 1,000

September 23, 2014 | Blog

McDonald’s, the fast food giant known for supersizing its orders, avoided conditional certification of an FLSA collective action this week based on the “very large” size of the putative class.
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Employment Law Summer Recap 2014: Part 7 of 11 - Joey Chestnut Gets Engaged, Wins Yet Another Hotdog Eating Contest and … then Politely Declines to Participate in a Wellness Program?

September 23, 2014 | Blog

61 hot dogs in 10 minutes. Let me repeat: 61 hot dogs in 10 minutes. That’s an incredible 6.1 hotdogs per minute! But for competitive eating champion Joey Chestnut, it was just another day at the office.
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Bloomberg BNA Daily Labor Report: To Unions, McDonald’s Joint Employer Status No Slam Dunk, As Fast Food Push Intensifies

September 22, 2014 | Blog

My colleague Don Schroeder was quoted in Bloomberg BNA’s Daily Labor Report article entitled To Unions, McDonald’s Joint Employer Status No Slam Dunk, As Fast Food Push Intensifies in which he comments on the impact of social media in continued worker organizing efforts and McDonald’s new burden to prove the franchiser
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The Affordable Care Act—Countdown to Compliance for Employers, Week 14: IRS Notice 2014-55 Gets the Employer Shared Responsibility Rules to Play Nice with the Rules Governing Mid-Year Cafeteria Plan Elections, Among Others

September 22, 2014 | Blog

With so much attention being paid to compliance with the Affordable Care Act’s Employer Shared Responsibility rules, it is sometimes easy to forget that these are not the only rules that govern the maintenance and operation of employer-sponsored group health plans. In the case of mid-year cafeteria plan elections, however, the Act and prior law do not mesh well.
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