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Judge Rejects Challenge to ACA Tax Credit, Shores Up Individual Mandate

On Jan. 15, the U.S. District Court for the District of Columbia held that the IRS can issue premium tax credits (under the Affordable Care Act) to individuals whether they enrolled for coverage through a federally or state-run health insurance exchange. The complaint was brought by three employers and four individuals, including Jacqueline Halbig, who […]

Week in Review—February 4 , 2011

Note to Readers: This newsletter appears daily, but we know some of you don’t always have the time to read it everyday. For your convenience, here’s a re-publication of what we covered this past week. Daily, weekly, or anything in between, we’re pleased to keep you informed with the latest tips, news, and advice on […]

Ruling supports firing pot smokers despite Colorado law

The Colorado Court of Appeals has upheld an employee’s firing for off-duty marijuana use, despite medical and recreational use of the drug being allowed under state law. A quadriplegic employee who used marijuana under the state’s medical marijuana amendment filed a lawsuit after he tested positive for drugs in violation of company policy and was […]

Declining Retirement Plans: Will There Be More Fiduciaries in the Future?

Plan sponsors who watched their retirement investments get buffeted by recent recessionary storms have had few ERISA remedies against broker dealers who led them to poor-performing funds. The sole recourse under ERISA for plan members was to sue the plan sponsor who relied on the advice, rather than against the professional financial expert who gave […]

Employment Law Tip: What to Do When Employees Complain

An employee comes to you with a complaint of sexual harassment—or perhaps an allegation that a co-worker is violating company policy. Or maybe a worker reports that an expensive piece of equipment is dangerous and needs to be repaired. How you respond to these scenarios can make the crucial difference between a prompt resolution of […]

News Notes: Commercial Driver Random Alcohol Testing Rules Revised

Under federal Department of Transportation rules, if you employone or more commercial drivers who operate certain types of vehicles, you must comply with detailed drug and alcohol testing, training and record keeping regulations. As of January 1, 1998, the percentage of drivers you’re obligated to randomly test for alcohol use has been lowered from 25% […]

News Notes: Cop’s Sexually Explicit Videos On Internet Amounted To Protected Speech

San Diego police officer John Roe claimed his free speech rights were violated when he was fired for selling sexually explicit videos of himself on the Internet. The Ninth Circuit explained that a public employee’s speech is protected and cannot be abridged without good cause when it touches on a matter of “public concern” rather […]