Tag: Employment law

Bye Bye Bye

Litigation Value: Michael’s Antics over the Years = Too Many Zeros to Count; Collateral Damage from the Dwight/Jim Feud over the Years = Some Unfortunate Workers’ Compensation Claims; Getting a Super-Sized Finale = Priceless.    Given that my esteemed colleague, Jaclyn, has addressed the Moving On episode twice now, I thought I would focus on our upcoming finale. […]

Healthcare reform and state exchanges

by Gary S. Fealk Employers should be aware that big changes are on the horizon as a result of the passage of the Affordable Care Act (ACA) and the U.S. Supreme Court decision upholding the law as constitutional last year. This article briefly discusses provisions addressing state health insurance exchanges and the mandate that employers […]

Key Wage-and-hour Language to Have in Your Employee Handbook

To prevent the consequences from imprecise employee handbook language,  employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of  litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]

Play-or-pay factor: Affordability safe harbors

By Martin Simon If an employer covered by the Affordable Care Act play-or-pay requirements decides to play by providing health insurance coverage, it could still be hit with penalties if the coverage is “unaffordable.” Coverage is unaffordable if one or more of the employer’s full-time employees receives a premium tax credit because he or she […]

Better an addict than a thief: disciplining drug- and alcohol-dependent employees

By Jennifer M. Shepherd and Hannah Roskey It’s well established that discrimination against an employee on the basis of a physical or mental disability is prohibited in Canada. Drug or alcohol addictions constitute a “disability” under most human rights legislation such that employers are prohibited from discriminating against employees on the basis of their addictions. […]

Deja vu

Litigation Value: Nothing for Pam, but I’m sure the Philly real estate employees have plenty of gripes. Last night’s episode of “The Office” was a repeat of “Move On: Part I,” which we covered in our post “Breaking Up Is Hard To Do.” There were plenty of shenanigans in Scranton during that episode, so we […]

IRS issues guidance on ACA’s ‘play or pay’ rules

by Michael Bindner The IRS has issued Notice 2012-58, which describes safe-harbor methods employers may use to determine which employees are “full-time” workers for purposes of the “shared responsibility” penalty of the Affordable Care Act (ACA), which is often referred to as Obamacare. Notice 2012-59, issued by the U.S. Department of Labor (DOL) and the […]

March Madness at work: Can it be a slam dunk?

by Tammy Binford “Team building” is a term that gets a lot of buzz among those interested in fostering collaboration and camaraderie in the workplace. Executives are eager to sponsor activities to nurture creativity and productivity, and they sometimes focus their efforts on helping employees have fun at work.   With March Madness in full swing, […]

Inpatient Treatment for Alcoholism Protected Under ADA, FMLA

 Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]