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2013

2013 Alerts

Good News For Employers Regarding Class And Collective Actions From The Supreme Court

| 2013
May 2, 2013 - 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 “similar...
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Obamacare - Issues and Solutions

| 2013
April 11, 2013 - 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 ...
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Self-Insured Health Plans After Obamacare

| 2013
March 14, 2013 - 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 ...
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Healthcare Plans Developing and Unraveling - One Attorney's Opinion

| 2013
March 7, 2013 - 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. First, Obamacare really did not really address healthcare costs, which continue to increase. As a matter of fact, there are new ...
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Supreme Court Restricts Retaliation Claims

Supreme Court Restricts Retaliation Claims

| 2013
SUPREME COURT RESTRICTS RETALIATION CLAIMS - June 29, 2013  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 clai...
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Supreme Court Green-Lights Mandatory Arbitration Clauses, Forestalling Class Actions: Could Be Good News For Employers

| 2013
July 7, 2013 - 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...
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Obama Administration Postpones Employer Penalties and Certain Other Requirements Until After 2014 Elections

| 2013
July 12, 2013 - 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. The blog post indicates that large employers (those with 50 or more employee...
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How Supreme Court Gay Marriage Ruling Affects Employers

| 2013
August 16, 2013 - In a ruling issued by the U.S. Supreme Court on June 26, 2013, the Court declared unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defines marriage as a legal union between a man and a woman for purposes of more than 1,000 federal laws. The majority indicated that by denying federal recognition to a marria...
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A Teachable Moment: What Employers Can Learn From Paula Deen’s Experience.

A Teachable Moment: What Employers Can Learn From Paula Deen’s Experience

| 2013
The national attention devoted to Paula Deen provides an excellent opportunity for employers to review their policies and procedures concerning harassment and inappropriate conduct in the workplace with all employees, but most particularly, supervisors and members of management. Supervisors and managers are the first line of an employer’s defense in the p...
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Supreme Court Clarifies And Narrows The Definition of "Supervisor"

Supreme Court Clarifies And Narrows The Definition of "Supervisor"

| 2013
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.
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