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CMS: Subsidy-seekers’ Income Will Be Verified

The Centers for Medicare and Medicaid Services responded to doubts over whether health insurance exchanges (now formally referred to as “marketplaces”) would verify incomes consumers applying for health-insurance subsidies, which come in the form of: (1) advances on tax credits for premiums; and (2) reduced cost-sharing. Marketplaces will always use data from tax filings and […]

Sexual Harassment: Recent EEOC Victories Underscore Need for Training and Vigilance

In recent weeks, the U.S. Equal Employment Opportunity Commission (EEOC) has announced a string of victories on behalf of employees in sexual harassment lawsuits. In one case, Specialty Restaurants Corp., based in Anaheim, agreed to pay $625,000 to settle a class action lawsuit charging that female workers were subjected to inappropriate touching, indecent and offensive […]

Family Leave: We’re a Small Company—Are We Covered by FMLA?

We are a small California business with 14 employees. We are not supposed to be subject to FMLA, but our lawyer says we are. This is because we have FMLA eligibility information included in our handbook. But the eligibility clause clearly states that “employees who work at a location where the Company employs fewer than […]

Based on Latest HHS Data, Young Adults Should Love Health Reform

Health care reform may be responsible for a rise in partisan bickering, but what is also rising is the number of young adults with health insurance — 1 million more since last year,  according to the U.S. Department of Health and Human Services (HHS). In the first quarter of 2011, the percentage of adults between […]

Bulletin Item: EEOC Job Applicant Definition and Rule Delayed

The interagency task-force working to develop an updated definition of who is a job applicant for federal EEO recordkeeping and reporting purposes will have until Sept. 30 to complete its task. The existing definition, which has been under review for two years, fails to address the number of unsolicited job applications that employers receive over […]

Wage And Hour: Ninth Circuit Examines When You Have To Pay Workers For Donning And Doffing Protective Gear

Production line employees at the IBP Inc. meat processing plant in Pasco, Washington, are required to be at their workstations as the first piece of meat comes down the line. Before taking their positions, the employees must prepare their work tools and change into protective gear, such as sanitary aprons, metalmesh leggings, Kevlar gloves, and […]

Employment Law Tip: Do Your Hiring Ads Screen Out Older Workers?

As the American workforce ages, the potential for running afoul of age bias laws is increasing for employers. As a result, all employers should consider how they can alter their policies and practices to reduce their risk of getting hit with an age bias suit. One place to begin is to review your hiring practices, […]

Retaliation Suits Are Up—But HR Can Prevent Them

Retaliation suits are the one type of EEOC suit that is increasing, and Attorney Judith A. Moldover says HR managers have an “incredible role” in sparing their organizations the expense those suits invariably bring—even if you “win” them. Retaliation claims are very fact related, says Moldover, and that makes it especially important that someone with […]

Be “sure” before classifying a worker as an independent contractor

Never base a worker classification decision on uncertainty, according to attorney Christine Walters. Walters, a Maryland HR consultant presenting at the Society for Human Resource Management’s legislative conference in Washington, D.C., March 5,  ticked off the many reasons employers might be inclined to classify a worker as an independent contractor. Among them: to avoid paying […]

Asian Harassment Based on African American Racial Slurs

The New Jersey Division on Civil Rights (DCR) recently issued a probable-cause finding against an employer and its owner. The owner admittedly used the “n” word in the presence of an Asian employee who has a biracial child and a black fiance. Facts In February 2008, Shi-Juan Lin started working as a bookkeeper and secretary […]