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|The Affordable Care Act—Countdown to Compliance for Employers, Week 25: What Hobby Lobby Means for the Affordable Care Act—Absolutely Nothing|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 10, 2014, previously published on July 7, 2014To call the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc. much-anticipated or highly controversial is an understatement. And, to be clear, any time the Supreme Court weighs in on bed-rock constitutional principle—particularly as it affects the church-state...
|Impact of Hobby Lobby: Closely Held Corporations May Object to ACA’s Contraceptive Mandate|
Goldberg Segalla LLP;
July 8, 2014, previously published on July 2, 2014In a highly anticipated decision in Burwell v. Hobby Lobby, 573 U.S. --- (June 30, 2014), the United States Supreme Court ruled that the contraceptive mandate of the Patient Protection and Affordable Care Act (ACA) as applied by the Department of Health and Human Services (HHS) to closely held...
|Deciding Whether to Play or Pay Under the Affordable Care Act - 2014 Updates|
Marlene P. Frank, Sarah Heck Griffin, Daniel C. Hagen, Elena Kaplan, F. Curt Kirschner; Jones Day;
June 25, 2014, previously published on June 2014The Patient Protection and Affordable Care Act (the “ACA”) added a new Section 4980H to the Internal Revenue Code of 1986, as amended, which generally requires employers to offer health coverage to their employees or face a penalty (the “employer Mandate”). Following are...
|Now I Have to Allow Insubordination and Verbal Abuse Too?|
Christopher G. Ward; Foley & Lardner LLP;
June 17, 2014, previously published on June 9, 2014Several weeks ago, in both a tongue-in-cheek and concerned fashioned, we wrote about a federal court decision that concluded an employer had to tolerate an employee’s admitted theft as a reasonable accommodation for her disability. As part of that commentary, we observed that government...
|Healthcare Employers Must Be Consistent When Restricting Union Buttons and Other Insignia|
Louis P. Britt, Bari L. Goldstein; Ford & Harrison LLP;
June 11, 2014, previously published on June 9, 2014Executive Summary: The National Labor Relations Board ("NLRB" or "Board") recently held that a healthcare employer violated the National Labor Relations Act (NLRA) by prohibiting employees from wearing union protest stickers. See HealthBridge Mgmt., LLC, 360 N.L.R.B. No. 118...
|Reminder: NYC Employers Must Provide Pregnancy Accommodation Notices To All Employees by May 30, 2014|
Sonu Ray, Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 6, 2014, previously published on May 29, 2014As we reported in our September 2013 eAuthority, the New York City Council amended the New York City Human Rights Law, effective January 30, 2014, to expand employee accommodation protection on the basis of pregnancy, childbirth, or a related medical condition. The new law also mandates that New...
|Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda|
Hera S. Arsen, Harold P. Coxson, Dara L. DeHaven, Alfred B. Robinson, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 6, 2014On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas provide an outlook on regulatory activity. They show the status of...
|OSHA and the NLRB Offer Safety Whistleblower Plaintiffs a Second Bite of the Apple by Resurrecting Untimely Whistleblower Claims|
Melissa A. Bailey, John S. Bolesta, Eric C. Stuart; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 5, 2014, previously published on May 28, 2014In our last Workplace Safety & Health blog post, we discussed proactive steps employers can take should the Occupational Safety and Health Administration (OSHA) arrive with a union representative or community activist to inspect a nonunion worksite. On May 21, OSHA increased its emphasis on ...
|Louisiana Supreme Court: Workers' Compensation Medical Treatment Guidelines Apply Retroactively, Regardless of When Accident Occurred|
Christopher S. Mann; Jones Walker LLP;
May 21, 2014, previously published on May 2014On May 7, 2014, the Louisiana Supreme Court ruled that the medical treatment guidelines that were put in place in June 2011 apply to all requests for medical treatment under the Louisiana Workers' Compensation Act regardless of when the underlying accident occurred. The Supreme Court's decision in...
|Health Care Reform: New Employer Reporting Rules Issued|
Autumn G. Long; McGrath North Mullin & Kratz, PC LLO;
May 16, 2014, previously published on Second Quarter 2014Many employers offering health insurance coverage to their employees have been anticipating the final regulations setting forth the new employer reporting requirements under health care reform. These final regulations were issued last month.