Most Popular

Who’s in Control: 3rd Circuit Looks at FLSA’s Joint Employer Test

When a worker is employed by two or more separate employers, this normally presents no special problems under the Fair Labor Standards Act. But even where the employee works for an entirely separate employer, there may still be a question of whether two employers are so entangled as to create a “joint employment” relationship where […]

CBO: Fewer employers would offer insurance under Obamacare replacement

On March 13, the nonpartisan Congressional Budget Office (CBO) released its cost estimate of the effects of the proposed Affordable Care Act (ACA) repeal and replace legislation. Deficits down, but number of uninsured up According to the CBO and the Joint Committee on Taxation (JCT): The legislation would reduce federal deficits by $337 billion from […]

New I-9 Form Delayed for 60 Days

The U.S. Citizenship and Immigration Services (USCIS) has announced a 60-day delay in implementing the new Form I-9 for employment eligibility verification for new hires. The new I-9 forms were to take effect February 2, but a seemingly last-minute decision was made on January 30 to delay implementation of the I-9 forms and their accompanying […]

DOL Proposal Helping Home Companions Would Hurt Seniors, Business, Franchisees Claim

The Labor Department underestimated the cost of its proposal extending minimum wage and overtime protections to in-home caregivers underestimates, according to an industry group representing  in-home care franchise owners.  If the proposal is implemented as planned,  the study concludes, both the quality of care provided to seniors and the financial health of the in-home care […]

When Harry left Sally: employers’ obligation to offer insurance postdivorce

by Kathryn M. Grigg Although employers may want to avoid the uncomfortable topic with employees, you can’t avoid your legal obligations to an employee’s former spouse postdivorce. For a period of time after a divorce, you’re required to offer health insurance continuation and conversion benefits to an employee’s former spouse and dependents. Here’s a summary […]

Urban Institute Criticizes Use of Stop-Loss Insurance by Small Employers

If small companies self-insure their health plans and in doing so can get stop-loss coverage with very low attachment points, they could siphon healthy lives away from the new insurance market designed by health reform to insure millions of new lives, the Urban Institute warned in a April 2013 report. The Institute explained that low […]

Working longer and retiring later

It’s not your father’s (or mother’s) retirement anymore

If employers could consult a crystal ball to see what the workplace will be like 10, 20, or more years down the road, they might see an older workforce in their future. As many aging baby boomers decide to continue working for a few — or several — years past the traditional retirement age, employers […]

New Mexico: First Female Governor Elected

by Robert P. Tinnin, Jr., Tinnin Law Firm New Mexico voters have elected the state’s first female governor, Republican Susana Martinez. Republicans gained several seats in the New Mexico House of Representatives, but Democrats maintained control of the chamber. There were no contests for seats in New Mexico Senate, where Democrats hold a substantial majority […]

News Notes: New Prevailing Wage Regulations

Prevailing wage laws are designed to protect local workers from seeing their pay decline due to government contracts going to the lowest bidders. They require contractors on public works projects to pay employees the region’s prevailing wage. Until now, the formula used to determine the prevailing wage generally turned out to be union scale, often […]