Tag: Employment law

Determining whether variable-hour employees are entitled to offer of health insurance

by Gesina (Ena) M. Seiler Beginning January 1, 2015, the Affordable Care Act (ACA) will require large employers (with 100 or more full-time and full-time equivalent, or FTE, employees–in 2016 it drops to 50 or more employees) to offer minimum essential health insurance coverage to at least 70 percent (increasing to 95 percent in 2016 […]

OFCCP Proposes Pay Data Reporting Rules for Federal Contractors

Certain federal contractors and subcontractors would have to submit summary data annually to the federal government that would identify employee compensation based on sex, race, hours worked and other factors, under new regulations proposed by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs. The rules’ preamble called this “a critical tool for […]

How painful can it get? Penalties for immigration noncompliance

by Christine D. Mehfoud Compliance-minded companies always want to know, “What’s the risk of noncompliance?” Or, put another way, “How much will it hurt if we don’t get it right?” For companies still wondering whether spending a little now to implement a solid immigration compliance program is a sound investment, some of the recent immigration-related […]

CMS Describes Coverage Opt-out Process for State & Local Plans

The new electronic process for self-funded non-federal governmental plans to opt out of certain HIPAA-related coverage requirements was detailed in guidance from the Centers for Medicare and Medicaid Services. Opt-out elections must be submitted through the Non-Federal Governmental Plans Module in the Health Insurance Oversight System, according to the July 21 memorandum from Mandy Cohen, […]

All you need is employment law

Our blog seems to have focused quite a bit recently on stories from the world of sports, and given the number of professional athletes behaving badly lately, that comes as no surprise. So for this week, we’ll take a break from litigious punters, abusive running backs, and egotistical power forwards to focus on another area […]

Duties more important than titles when determining eligibility for overtime

by Marc Ouellet The issue of overtime has become a major concern for employers in the wake of class actions on the subject in Canada. The Québec Act Respecting Labour Standards (ALS) provides exemptions from the right to overtime including for employees in managerial positions. In Skiba v. Playground, L.P., the Court of Appeal of […]

Edginess About Ebola Points to Need for Pandemic Preparation

An outbreak of the deadly Ebola virus in Africa is causing concern in the United States, as the medical community and various organizations watch to see if the outbreak will be contained, or will spread globally. Although this situation is occurring thousands of miles away, it is a good reminder for businesses in the United […]

Project management: HR’s guide to getting the job done

The human resources department can take a lesson from Benjamin Franklin. It was that bespectacled founding father who is credited with uttering a famous quote that should be the guide for HR professionals embarking on any new project. “When you fail to plan, you plan to fail.”  Cara Parker, owner of CParker Consulting, Inc., a […]

NLRB’s GC Says McDonald’s on the Hook for Franchisee Violations as Joint Employer

McDonald’s parent company would be liable as a joint employer in any proceedings by the National Labor Relations Board on labor and wage violations at McDonald’s franchises, the NLRB’s general counsel said in a July 29 determination. The franchisees’ alleged violations of the National Labor Relations Act relate specifically to a spate of lawsuits filed […]

Severance

EEOC challenges traditional severance agreements in untraditional way

by Burton J. Fishman The Equal Employment Opportunity Commission (EEOC) has taken a bold step to challenge standard and accepted provisions in severance agreements in a recent suit, Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., CA no. 14-cv-863 (N.D. Ill., 2014). There are two particularly important elements in this suit.  The first is that […]