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|No FLSA Overtime Recovery For What Employer "Should Have" Paid|
Ted Boehm; Fisher & Phillips LLP;
December 16, 2014, previously published on November 22, 2014Overtime compensation under the federal Fair Labor Standards Act must be based upon an employee's "regular rate" of pay. More and more frequently nowadays, claimants allege that their FLSA overtime compensation should have been (or should be) based upon some rate that would generate more...
|Three Important Components of the Family Medical Leave Act|
Kraig J. Marton, Jeffrey Silence; Jaburg Wilk;
December 11, 2014In 1993, President Bill Clinton signed the Family and Medical Leave Act (“FMLA”), which allows employees time off from their job to bond with their children, care for ill family members, or recover from their own serious health problems — all without fear of losing their job. The...
|Mandatory Employment Benefits Expand: Massachusetts Earned Sick Time Law Approved|
Thomas W. Colomb, Michael J. Maccaro, Brandon H. Moss, Kathryn M. Murphy; Murphy, Hesse, Toomey & Lehane, LLP;
December 10, 2014, previously published on November 2014On November 4, 2014, Massachusetts voters approved a ballot initiative providing for earned sick time for employees (the “Law”). The Law takes effect on July 1, 2015, and will require certain employers to provide up to 40 hours of earned sick time per year to their employees for a wide...
|Ontario Proposes Exemption to the 30% Rule for Pension Investment in Infrastructure|
Monique McAlister; Goodmans LLP - Toronto;
December 10, 2014, previously published on November 11, 2014On November 10, 2014, the Pension Policy Branch of the Ontario Ministry of Finance released for public comment a proposed amendment to the Regulations under the Pension Benefits Act (Ontario) (the PBA) that would provide an exemption from the so-called “30% Rule” for pension investment...
|Supreme Court of Canada Gives Quick Win To BCTF On Parental Benefits|
Christopher McHardy; McCarthy Tétrault LLP;
December 8, 2014, previously published on November 27, 2014The Supreme Court of Canada recently made a rare oral ruling from the bench, giving the B.C. Teachers’ Federation (“BCTF”) a quick win in their appeal of a decision by the B.C. Court of Appeal regarding discrimination and unequal treatment under the Human Rights Code and the...
|Fifth Circuit Adopts Majority Rule on What Constitutes “Other Instruments” of an ERISA Plan|
Marjorie L. Cohen; Wilson Elser Moskowitz Edelman & Dicker LLP;
December 5, 2014, previously published on November 10, 2014ERISA plan administrators facing broad requests for production under ERISA section 104(b)(4) may limit their production to formal legal documents governing the plan, based on new guidance from a panel of the Fifth Circuit in Murphy v. Verizon Communications., Inc., No. 13-11117 (5th Cir. October...
|Enhancing Shared Parental Pay - What To Think About|
Libby Payne; Withers Bergman LLP;
December 5, 2014, previously published on November 21, 2014Enhanced shared parental pay presents both opportunity and potentially some thorny legal issues. No one can say how many employees will actually make use of shared parental leave, meaning the question marks over enhanced shared parental pay could turn out to be a storm in a teacup. That said,...
|Ebola and Employer Obligations|
Duncan A. W. Abate, Hong Tran; Mayer Brown JSM;
December 5, 2014, previously published on November 10, 2014The outbreak of the Ebola Virus Disease (“Ebola”) in West Africa has received considerable media attention as it begins to spread outside of Africa. In August 2014, the Government of Hong Kong confirmed that Ebola is grouped under Viral Haemorrhagic Fever (“VHF”), which is...
|New ACA Guidance Permits Employer-Initiated Measurement Period Changes|
Christina M. Crockett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 3, 2014, previously published on November 26, 2014The Internal Revenue Service (IRS) recently released Affordable Care Act (ACA) guidance addressing how to determine full-time status when an employee’s measurement period changes. The guidance, IRS Notice 2014-49, introduces a proposed method for applying the look-back measurement period in...
|Impact of Supreme Court’s Recent Actions on Employee Benefits|
Christina Maistrellis Broxterman, Karen Trapnell Shriver; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 2, 2014, previously published on October 28, 2014On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and Tenth Circuits that had struck down state bans on same-sex marriage. The Supreme Court’s orders do not legalize same-sex marriage...