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The Affordable Care Act—Countdown to Compliance for Employers, Week 42: Treasury Department and IRS Issue Final Reporting Rules under Code Section 6055 (Reporting by Providers of Minimum Essential Coverage) and 6056 (Reporting by Applicable Large Emplo

March 10, 2014 | Blog

Code § 6055 imposes on entities that offer minimum essential coverage (i.e., health insurance issuers, certain sponsors of self-insured plans, government agencies and other parties that provide health coverage) the obligation to report certain information about the coverage to the employee and to the IRS.
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Volkswagen Employees Say "No" to United Auto Workers in Tennessee

March 6, 2014 | Blog

Don Schroeder, our oft-quoted labor law attorney, was recently featured in an article on CNN in which he discusses the Volkswagen plant in Chattanooga, TN and its rejection of representation by the United Auto Workers.
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Undercover Competitor: Modell’s CEO Allegedly Masquerades as Dick’s Sporting Goods Executive, Taking Corporate Espionage to a New Level

March 6, 2014 | Blog

Dick’s Sporting Goods has sued Modell’s Sporting Goods and its prominent fourth-generation CEO, Mitchell Modell, claiming Modell brazenly visited a Dick’s retail location and impersonated a Dick’s executive to unlawfully gain a competitive advantage.
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There is Such a Thing as Over-Sharing: Former Employee Forfeits Portion of Settlement Payment After Daughter Discloses Settlement on Facebook

March 5, 2014 | Blog

It seems like every day there is a new case highlighting novel and evolving issues employers confront when people disclose information via social media. The latest example involves a hapless college-age daughter in Florida that caused her father to forfeit his settlement payment from a former employer because she announced the settlement on Facebook.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 43: Coordinating the 3-Month Delay under Employer Shared Responsibility Rules with the Ban on Waiting Periods Longer than 90 Days

March 4, 2014 | Blog

So much attention has been paid to the issuance of the final employer shared responsibility regulations that some might have missed the news that final regulations were recently issued under another of the Affordable Care Act’s provisions affecting group health plans—i.e., the ban on waiting periods that exceed 90 days.
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Final Regulations Illustrate That Lock-Up Arrangements Do Not Prevent Current Taxation Under Section 83

March 3, 2014 | Blog

Our tax colleague, Jonathan Talansky, is out with a new advisory addressing Section 83's impact on lock-up arrangements.
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New York Council Amends Earned Sick Time Act Yet Again; Employers Must Comply by April 1, 2014

March 3, 2014 | Blog | By Michael Arnold

Following up on our earlier coverage, last week the New York City Council passed the very first bill it introduced during the de Blasio administration (Int. 0001-2014), a law amending the Earned Sick Time Act that it passed (and already amended) just last year. The vote turned out to be a real nail-biter: 46 to 5. The relevant changes to the Act are as follows:
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The Affordable Care Act—Countdown to Compliance for Employers, Week 44: The Top 10 Changes Made by the Final Treasury Regulations Implementing the Affordable Care Act’s Employer Shared Responsibility Rules

February 24, 2014 | Blog

In last week’s post on the topic of the recently issued final regulations under the Affordable Care Act’s employer shared responsibility (a/k/a “pay-or-play”) rules, we suggested that the final regulations broke little new ground. Instead, we claimed that the final regulations.
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It’s The Most Wonderful Time (For 990 Filings) Of The Year

February 24, 2014 | Blog

As the nation recovers from the latest series of winter storms, let the rise of temperatures serve as a reminder of the incoming season – tax filing season. For institutional non-profits such as colleges and universities, this means the filing of the Form 990, a required informational tax return of the IRS.
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NLRB Still Looking for Answers On Whether University Faculty Are “Managerial Employees”

February 24, 2014 | Blog

The National Labor Relations Board is seeking amicus briefs to help it decide whether full-time, non-tenure-eligible contingent faculty members at Pacific Lutheran University (PLU) are excluded from the National Labor Relations Act’s (NLRA) coverage as “managerial employees.”
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San Francisco Employers – Heads Up, New Rules Governing The Use of Criminal Records

February 21, 2014 | Blog

It’s already hard enough for California employers to keep track of and comply with the myriad federal and state background check laws.
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It’s a Family Affair: New York Federal Court Holds that Family Relationship May be Sufficient to Qualify Employee as a “Supervisor” under Title VII

February 20, 2014 | Blog | By Michael Arnold

The employment practices risk profile for companies that employ members of the same family may have just increased as a result of Dillon v. NED Management, Inc., a decision out of the Eastern District of New York.
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2, 4, 6, 8…NFL Cheerleaders Not “Rah Rah-ing” About Pay Rate

February 20, 2014 | Blog

Two NFL teams are facing wage and hour class action lawsuits filed by their cheerleaders. On January 22, an Oakland Raiderette sued the Raiders organization on behalf of herself and current and former cheerleaders alleging that the Raiders violated a slew of California labor laws.
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Employers Should File Their H-1B Visa Petitions by April 1st, 2014

February 18, 2014 | Blog | By Susan Cohen

Last week, my colleague and Chair of Mintz Levin's Immigration practice, Susan Cohen, published an alert addressing H-1B visa petitions.  The takeaway: do not delay in identifying H-1B candidates and initiating the petition process.
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NLRB and Wal-Mart Face Off Over Strikes

February 18, 2014 | Blog

Don Schroeder, one of our labor law attorneys, was recently quoted in a Corporate Counsel article discussing the National Labor Relations Board complaint filed against Wal-Mart over alleged threats to employees engaged in company protests. In particular, the article examines Section 7 of the National Labor Relations Act and whether it applies to the complaint.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 45: Focus on the Transition Rules under Final Treasury/IRS Regulations Implementing the Affordable Care Act’s Employer Shared Responsibility Rules

February 18, 2014 | Blog

The Treasury Department and the IRS last week issued long-awaited final rules implementing the Affordable Care Act’s employer shared responsibility (a/k/a “pay-or-play”) rules. Originally slated to take effect beginning January 1, 2014, enforcement was delayed a full year by IRS Notice 2013-45.
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Some Valentine's Day Reading for Employers Trying to Manage Workplace Romances

February 14, 2014 | Blog | By Jennifer Rubin

On this Valentine’s Day I thought it would be a good idea to share an article that my partner Jen Rubin wrote a couple of years back.  It remains required reading to this day for employers trying to effectively manage their employees’ workplace romances.
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Are Anti-Poaching Agreements Enforceable in New York? Not in the Absence of a Protectable Interest Says One New York Federal Court.

February 13, 2014 | Blog

Anti-poaching agreements, non-recruitment pacts, no-hire contracts, whatever you want to call them, require a protectable interest to be enforceable in New York. That’s what a Southern District of New York judge in Reed Elsevier Inc. v. TransUnion Holding Company, Inc. held.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 46: Looking Ahead to the Group Health Plan Non-Discrimination Rules

February 10, 2014 | Blog

A January 18th New York Times article (Rules for Equal Coverage by Employers Remain Elusive Under Health Law) reported on the progress, or lack thereof, of the adoption of group health plan non-discrimination regulations under the Affordable Care Act’s insurance market reforms.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 45½: Treasury/IRS Issue Long-Awaited Final Regulations under the Affordable Care Act’s Employer Shared Responsibility Rules

February 10, 2014 | Blog

Breaking with long standing tradition—i.e., issuing important rules on a Friday before a holiday weekend, or (failing that) any Friday (hence the reference to Week 45½ in this post)—the Treasury Department and the IRS today issued a 227-page final regulation under the Affordable Care Act’s employer shared responsibility (a/k/a “pay-or-play”) rules.
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