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|You're NOT Paranoid - the Agencies ARE Ganging Up|
Dabney D. Ware; Foley & Lardner LLP;
August 22, 2014, previously published on August 18, 2014Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government activity, and that twitchy sense of more government scrutiny is actually well...
|Governor Christie Vetoes New Jersey Unemployment Discrimination Bill|
David M. Katz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 22, 2014, previously published on August 18, 2014In somewhat of a surprise move, in the same week that New Jersey Governor Chris Christie signed into law the Opportunity to Compete Act, which prohibits employers from inquiring about job candidates’ criminal histories early in the hiring process (which we wrote about here), the Governor...
|National Labor Relations Board Majority Holds That Seeking Co-Worker Assistance with an Individual Harassment Complaint is Protected Activity Under the Act; Overrules Holling Press, Inc.|
Erin Cornell Horton; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 22, 2014, previously published on August 19, 2014Last week, the NLRB took an exceptionally broad view of what constitutes “concerted activity” and what kind of efforts are aimed at “mutual aid or protection” under the National Labor Relations Act. For employers, this could mean increased Board scrutiny of internal...
|One Step Closer to the Supreme Court: The Fate of Obamacare Premium Tax Credits in the Face of the Circuit Split|
Anna L. Sweigart; Spilman Thomas & Battle, PLLC;
August 22, 2014, previously published on August 13, 2014Last month, two federal courts of appeals issued opposing decisions on whether the Patient Protection and Affordable Care Act (the “ACA”) permitted subsidies, in the form of premium tax credits, to health coverage bought through insurance Exchanges operated by the federal government. As...
|Got Proof? Court Requires Proof Employees Signed Arbitration Agreement to Compel Arbitration|
Rebecca R. Hanson; Foley & Lardner LLP;
August 22, 2014, previously published on August 18, 2014Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many employers continue to consider their use as a means to mitigate employment and wage and hour class action litigation risk. For employers who...
|Best Practices to Follow When Creating or Revising an Employee Handbook|
Melissa J. Jackson; Foster, Swift, Collins & Smith, P.C.;
August 22, 2014, previously published on August 12, 2014An employee handbook is one of the most important tools employers have to communicate with employees about important workplace issues and can serve as an excellent defense to claims. While many employers have handbooks, the creation of a handbook is too often seen as a one-time event, as opposed to...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 19: Changes in Employment Status under the Look-Back Measurement Method|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 22, 2014, previously published on August 18, 2014An earlier post explained the two principle methods—the “monthly measurement method” and the “look-back measurement method”—available to applicable large employers to identify full-time employees for purposes of determining exposure for “assessable...
|Federal Contractors See Hike in SCA Health & Welfare Rates|
Kevin B. McCoy; Ford & Harrison LLP;
August 21, 2014, previously published on August 18, 2014Executive Summary: On July 22, 2014, the U.S. Department of Labor (DOL) issued its annual memorandum announcing that, pursuant to 29 C.F.R. Section 4.52, the prevailing hourly health and welfare fringe benefit rates under the McNamara-O'Hara Service Contract Act (SCA) were increasing from $3.81...
|Late Payment Resulted In An FLSA Violation|
John E. Thompson; Fisher & Phillips LLP;
August 21, 2014, previously published on August 13, 2014A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that:
|Texas Supreme Court Establishes That an At-Will Employee Does Not Have a Viable Fraud Claim Based on Continued Employment|
Adam D. Boland; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 21, 2014, previously published on August 19, 2014The Texas Supreme Court recently issued a much-anticipated opinion regarding fraud claims in the employment at will context. In Sawyer v. E.I. du Pont de Nemours & Co., 430 S.W.3d 396 (Tex. 2014), the Fifth Circuit Court of Appeals had certified two questions to the Texas Supreme Court...