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|Maryland Court of Appeals Finds That Maryland’s Wage Payment and Collection Law Applies to Claims for Overtime Wages|
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
August 27, 2014, previously published on August 2014In Peters v. Early Healthcare Giver, Inc., the Maryland Court of Appeals held that Maryland’s Wage Payment and Collection Law (“WPCL”) covered claims for overtime wages, despite any federal authority to the contrary. Writing for the Court, Judge Sally D. Adkins held that there was...
|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...
|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...
|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...
|Work A Full Eight Hours? That's Not In My Job Description!|
Myra K. Creighton; Fisher & Phillips LLP;
August 12, 2014, previously published on August 1, 2014 According to the EEOC, healthcare employers are disproportionately represented in the ranks of those sued for violations of the Americans with Disabilities Act (ADA). Baptist Health South Florida, Inc. recently became one of those unlucky healthcare providers when the EEOC sued it for failure to...
|How The ADA Impacts Your Hiring|
Elizabeth A. Olivier; Fisher & Phillips LLP;
August 12, 2014, previously published on August 1, 2014 Most employers understand their fundamental obligations under the Americans with Disabilities Act (ADA) to protect against disability discrimination and to provide reasonable accommodations to qualified disabled employees, enabling them to perform essential functions of their jobs. But these...
|Beware The “Anticipatory Pregnancy” Claim|
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
August 11, 2014, previously published on August 6, 2014In Cadenas v. Butterfield Health Care II, Inc. (N.D. Ill. 7/15/14), a federal court asked the question of whether an employer could terminate a pregnant employee on the basis of its inability to accommodate her future pregnancy-related job restrictions. Even though the employee won this battle, the...
|Employee Privacy Breaches - Do They Warrant Discipline?|
Richard G. Petrie; Stewart McKelvey;
August 6, 2014, previously published on Summer 2014In 2012 the Ontario Court of Appeal first established the tort of intrusion upon seclusion to Canadian law in Jones v Tsige. Apart from the obvious impact of this case on those who are the victims of a privacy breach, the case has raised interesting questions in the field of labour and employment...
|Pot Luck - Best Practices for NY & NJ Employers Addressing Medical Marijuana Use in the Workplace|
Grace A. Byrd, Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
July 31, 2014, previously published on July 2014Approximately 18 years after California passed the first state medical marijuana law in 1996, 23 states and Washington D.C. now have enacted medical marijuana statutes. After years of failed attempts, on July 7, 2014 Governor Andrew Cuomo signed into law the Compassionate Care Act (“NY...
|Big Increase in 2014 Service Contract Act Health & Welfare Rate Announced|
Jackson Lewis P.C.;
July 31, 2014, previously published on July 28, 2014The U.S. Department of Labor (DOL) has released its annual memorandum with the rate increase for Service Contract Act (SCA) Health and Welfare (H&W) Fringe Benefits. The new rate of $4.02 per hour (up from last year’s $3.81 per hour) is required in all government contract bids or other...