There are some common mistakes that employers make when preserving evidence. This can negatively impact a company’s ability to defend against legal actions brought by current and former employees. Below are some tips on how to avoid these mistakes. Videotapes Sometimes security cameras capture employee misconduct. Video evidence of misconduct could deter litigation or be […]
PRESERVING EVIDENCE IN CASE OF A LAWSUIT Read More »
On November 8, 2013 the Obama administration released final regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). The MHPAEA is designed to make sure mental health and substance use disorder benefits offered by health plans are in parity with the medical and surgical benefits the
FINAL REGULATIONS TO THE MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 RELEASED Read More »
The Genetic Information Nondiscrimination Act of 2008, or GINA, prohibits covered employers, which includes all employers subject to Title VII of the Civil Rights Act of 1964, from using genetic information when making employment decisions. Because GINA just became law a few years ago and its scope is fairly
OVERVIEW OF THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 Read More »
A new rule taking effect January 1, 2015 means most direct-care workers employed by agencies and other third-party employers will be entitled to at least the federal minimum wage and overtime as set forth in the Fair Labor Standards Act (FLSA). The
NEW LAW ENTITLES MOST HOMECARE WORKERS TO MINIMUM WAGE AND OVERTIME Read More »
The Second Circuit Court of Appeals, the federal appeals court which covers New York, Connecticut and Vermont, recently made a very important decision regarding a failure to pay overtime claim. In Dejesus v. Mgmt. Services, LLC, the plaintiff’s overtime claim was dismissed by
Even though it isn’t a state or federal law requirement, many employers have an employee handbook/personnel manual. While in many cases a company means no harm by not having a formal employee handbook, the lack of a formal set of documented personnel policies can potentially lead to costly litigation. Employee handbooks can be a useful
WHY DOES MY COMPANY NEED AN EMPLOYEE HANDBOOK? Read More »
The Obama administration announced last week that it is delaying the implementation of the Affordable Care Act’s (ACA) employer responsibility provision. Now employers won’t have to worry about compliance with the provision, commonly referred to as the “play or pay” provision, until 2015. Under this particular part of the ACA, employers with fifty (50)
IMPLEMENTATION OF THE AFFORDABLE CARE ACT DELAYED Read More »
The United States Second Circuit Court of Appeals, which is the highest federal appeals court in New York, recently ruled that a heterosexual male can file a sexual harassment claim based on unwanted groping and sex-based comments by another heterosexual male. In this case, a heterosexual male sued his employer, Seneca Foods Corporation, for sexual
SECOND CIRCUIT COURT OF APPEALS RECOGNIZES CLAIM FOR MALE-ON-MALE SEXUAL HARASSMENT Read More »
Under the Affordable Care Act (the “Act”), effective January 1, 2014, employers must provide healthcare coverage to their full-time employees (and those employee’s dependents) or risk paying a financial penalty. The provision applies to employers with fifty (50) or more full-time non-seasonal employees in the preceding calendar year. Under the Act, a full-time employee is
BASICS OF THE AFFORDABLE CARE ACT Read More »
In a rare case, last week the Office of Federal Contract Compliance Programs (OFCCP) announced an audit settlement with federal contractor Goodwill Industries of Southern California in a matter alleging systemic discrimination against men. In a statement, OFCCP stated “Goodwill’s hiring process favored female applicants for entry-level positions as attendants at local donation centers, in
FEDERAL GOVERNMENT SETTLES MATTER ALLEGING DISCRIMINATION AGAINST MALES Read More »