Posts tagged Affordable Care Act.

Negatives.Fabrice_de_Nola_-_Negative_photography.j.jpgPretty obvious, but a decision issued this week serves as a good reminder to employers that all race discrimination is illegal, whether it's against members of minority groups or whether it's against Caucasians.

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reversed summary judgment for a company that allegedly told a white worker that he was being ...

UPDATE (Dec. 7, 2015): The EEOC has extended the comment period on its proposed GINA-wellness rule by 30 days. The new comment deadline is January 28, 2016.

Earlier this month, I had a relatively short post on the proposed rule on wellness incentives and the Genetic Information Nondiscrimination Act issued by the Equal Employment OpportunityThanksgiving Card Cornucopia.flickrCC.Dave Commission. I also promised a more ...

Last week, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. In April, the EEOC issued a proposed rule on employer wellness programs and the Americans with Disabilities Act.

Health.Piggybank.flickrCC.GotCreditHere are six quick takes on the GINA proposal.

No. 1. It's all about the spouse. The GINA proposal focuses ...

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference.David Lopez.EEOC photo

The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez - who reads this blog and likes it! - gave me permission to ...

I haven't had a chance to analyze yesterday's Supreme Court decision in King v. Burwell, so meanwhile here is a link to a "plain English" summary of the decision, and here is a link to the decision. Both from the outstanding SCOTUSblog.

We will have more on this in the not-too-distant future. Don't go away!

NOTE: As I breathlessly reported last week, the EEOC has issued its long-awaited proposed rule on employer wellness programs and the Americans with Disabilities Act. (Here is a nicer copy than the one that was available then.) Brian Magargle, who knows a lot more than I do about the Health Insurance Portability and Accountability Act and the Affordable Care Act, and I are ...

The EEOC's much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way. According to Law360, a proposed rule has been approved 4-1 by the Commission, and is being reviewed by the Office of Management and Budget as we speak.

Once approved by the OMB, the proposed rule will ...

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest. 

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square! 

Employers, if you're getting advice like this from your employment lawyer, do you know what time it is? Time to get a new employment lawyer.

"Never give in on unemployment."

This is terrible advice on so many levels. First, an employee who doesn't have even the relatively minimal income provided by unemployment is going to be that much more likely to sue you -- as a matter of financial ...

Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act on wellness programs. The proposed regs are expected in February.

To read about the continuing saga of the ADA/GINA and employer ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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