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New York Women’s Equality Act takes effect January 19

by Edward O. Sweeney Several new laws that are part of New York’s Women’s Equality Act take effect on January 19, meaning employers need to understand the new protections related to equal pay, sexual harassment, and familial and pregnancy discrimination in the workplace.  One of the new laws amends New York state’s Labor Law § […]

California Laws Clamp Down on Wage and Hour Violators; Misclassifiers Could Lose Business Licenses

Two new California state laws, signed by Gov. Jerry Brown Oct. 9, raise the stakes for companies that violate the state’s wage and hour laws. Assembly Bill No. 459, among the latest move by feds and the states to crack down on independent contractor abuse, prohibits willful misclassification of employees as independent contractors. The law […]

Employment Law Tip: Is Your Workers’ Comp Poster Up-to-Date?

California employers are required to keep posted in a conspicuous place a notice stating the name of the employer’s workers’ compensation insurance carrier or stating that the employer is self-insured. The notice must be easily understandable and posted in both English and Spanish (where there are Spanish-speaking employees). The notice must include the following details:

Expanded data security breach laws taking effect in Washington

by Joelle Hong and Amelia Morrow Gerlicher Washington’s expanded data security breach notification laws are set to take effect July 24, meaning employers must make sure they have safe and effective privacy practices in place and are ready to respond in the event of a security breach. Under the old law, businesses that own or […]

Disability Bias: It’s Now Harder for You to Prove an Employee Poses a Direct Threat to Safety

In July 2002, we reported on a U.S. Supreme Court ruling that an employer can defend against a disability discrimination claim by showing the individual poses a direct threat-that is, a significant risk to the health and safety of the individual or others that can’t be eliminated by reasonable accommodation. Now, in a new development […]

IRS Defines Involuntary Termination for COBRA Subsidy Eligibility

The federal stimulus package contains a COBRA premium subsidy for employees who are “involuntarily terminated” between September 1, 2008 and December 31, 2009. The Internal Revenue Service (IRS) has recently published guidance for employers on what an “involuntary termination” is for the purpose of determining which employees should be sent the required COBRA subsidy notices. […]

Top 10 List: Why Supervisors Do NOT Need Basic Legal Training

Please don’t read this list literally! Vermont employment law attorney Jeffrey Nolan with Dinse, Knapp & McAndrew had his tongue firmly planted in cheek when he first shared this list with listeners during a national audio presentation on performance evaluations earlier today. Conference attendees asked us to send them a copy, and we thought you’d […]

Time running out to make comments on proposed overtime rule

Employers wishing to make their views known on a proposed rule aimed at making nearly five million more workers exempt from the Fair Labor Standards Act (FLSA) and therefore eligible for overtime pay have through September 4 to submit comments. The U.S. Department of Labor (DOL) released a proposed rule on July 6 that would […]

Supreme Court to Decide Timing of Actuarial Assumptions in Withdrawal Liability Calculations 

The United States Supreme Court has agreed to review Trustees of the IAM National Pension Fund v. M&K Employee Solutions, LLC, a case that could significantly reshape how multiemployer pension plans calculate withdrawal liability under the Multiemployer Pension Plan Amendments Act (MPPAA). The central question is whether ERISA requires plans to use actuarial assumptions in effect […]