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On July 2, 2013, in a Treasury Department blog post, the Obama administration announced that it will postpone the effective date of several requirements imposed on employers. The administration will publish details of the relief being granted in the near future.
scotus building
Will a mandatory agreement to submit disputes to one-on-one arbitration, bypassing class actions, hold up in court? The Supreme Court just said “yes” in a case involving credit cards – and this could be very significant news for employers who want to ensure that disputes with employees are handled confidentially, one at a time, rather than through protrac...
Supreme Court Clarifies And Narrows The Definition of "Supervisor"
In an important decision, the Supreme Court clarified who is a “supervisor” for purposes of determining an employer’s liability for workplace harassment under Title VII, greatly narrowing the position urged by the EEOC and adopted by some courts.
Supreme Court Restricts Retaliation Claims
In University of Texas Southwestern Medical Center v. Nassar, Case No. 12-484, the U.S. Supreme Court clarified the causation standard for retaliation cases that are brought under Title VII if the Civil Rights Act of 1964. Specifically, the Supreme Court held that Title VII retaliation claims must be proved according to the principles of "but-for" causati...
mug on a table
Two recent cases from the U. S. Supreme Court are good news for employers defending against class and collective actions under State and Federal wage and hour laws. In Genesis HealthCare Corp. v. Symczyk the Court ruled that when the claim of an individual who sued under the was extinguished, the claims of others who might be “similarly situated,” but who...
a doctor views vital signs
Before January 1, 2014, employers with 50 or more “full-time equivalent” employees will have to decide whether to begin, or continue, to offer health insurance to their employees or whether to pay the penalties that will be imposed under the Patient Protection and Affordable Care Act, more commonly known as Obamacare. It may be helpful to sum up the dilem...
medical room light
There is an issue that very few people are discussing, but will have major ramifications for employers who sponsor, and employees who participate in, self-insured health plans. This issue is raised by the preamble to the proposed regulations dealing with the employer penalty and apparently will be decided in the final regulations on the individual penalty...
threads
Both employers and labor unions are starting to see the effects of Obamacare kicking in, and adjusting their plans accordingly. Many stark realities are now becoming apparent that may not have been anticipated.
arizona desert
Many states have now passed their own version of immigration laws related to the large number of aliens who do not have a lawful right to be in this country. Arizona has been one of the leaders in promulgating such laws, and four of the provisions of Arizona immigration laws are addressed in a June ruling of the US Supreme Court. Arizona v. U.S., ___ U.S....