ERISA=Every Ridiculous Idea Since Adam
(August 27, 2014)
It’s rumored that President Ronald Reagan once referred to the Employee Retirement Income Security Act of 1974 (ERISA) as “Every Ridiculous Idea Since Adam.” ERISA serves important purposes in our society, but it also presents tremendous challenges and potential liabilities for good-intentioned employers that merely want to provide nice benefits to their employees.
No silver bullet, but HR seen as
key to solving talent shortage
(August 22, 2014)
More and more employers are suffering from a shortage of talent at the same time jobseekers are struggling to find work. That seemingly implausible situation has become the reality in many fields as the world of work deals with a still-struggling economy and epic change brought on by rapid technological advances.
Drug-free healthcare facility law
takes effect in New Hampshire
(August 22, 2014)
A New Hampshire law taking effect August 25 requires healthcare employers to take action against substance abuse in their facilities. The new law requires all hospitals, home healthcare providers, outpatient rehabilitation clinics, ambulatory surgery centers, urgent care centers, nursing homes, assisted living facilities, adult daycare centers, birthing centers, dialysis centers, and hospice facilities to “adopt a policy establishing procedures for prevention, detection, and resolution of controlled substance abuse, misuse, and diversion.”
'Surprise, surprise, surprise':
EEOC third-party subpoenas
(August 20, 2014)
The Equal Employment Opportunity Commission (EEOC) has the ability to subpoena a broad array of documents and records from third parties. Responding to such a subpoena can impose a costly burden on third parties.
OFCCP updates guidance on gender identity
and transgender discrimination
(August 20, 2014)
On August 19, the Office of Federal Contract Compliance Programs (OFCCP) announced a new directive related to its decision to update its enforcement actions regarding gender identity and transgender discrimination.
Nebraskans to vote on minimum wage hike
(August 19, 2014)
After an attempt to pass a minimum wage increase in Nebraska came up short in this year’s legislative session, the issue is set to go to voters in the November election.
Despite flaws, survey finds employers
sticking to performance evaluations
(August 15, 2014)
If it’s not review season at your organization, you probably aren’t thinking about performance evaluations. Often review time comes around just once a year, and it’s not top of mind any other time—possibly because so many people dread the process.
FMLA notice requirements: Are you prepared?
(August 13, 2014)
Since 1993, the Family and Medical Leave Act (FMLA) has provided eligible employees with job security for unpaid leave related to certain family and medical issues, including serious health conditions and the care of a newborn baby, a newly placed foster child, or an adopted child. The serious health condition protections extend to employees who care for a parent, spouse, or child. The FMLA also provides protections for caring for injured military servicemembers.
New Jersey joins states with 'ban the box' laws
(August 13, 2014)
New Jersey Governor Chris Christie has signed the state’s “ban the box” legislation, meaning that most employers will be prohibited from asking applicants about their criminal histories until the conclusion of the first job interview.
San Francisco 'ban the box' ordinance starts August 13
(August 11, 2014)
San Francisco’s new “ban the box” law, titled the Fair Chance Ordinance, will limit the timing and scope of inquiries into an applicant’s or employee’s criminal history when it takes effect August 13.
Determining whether variable-hour employees
are entitled to offer of health insurance
(August 8, 2014)
Beginning January 1, 2015, the Affordable Care Act (ACA) will require large employers (with 100 or more full-time and full-time equivalent, or FTE, employees–in 2016 it drops to 50 or more employees) to offer minimum essential health insurance coverage to at least 70 percent (increasing to 95 percent in 2016 and beyond) of their full-time employees (and their dependents) or pay a penalty on all full-time employees (not including the first 30).
OFCCP to issue proposed rule for
federal contractors' collection of comp data
(August 6, 2014)
The U.S. Department of Labor (DOL) has announced the issuance of the long-awaited proposed rule requiring federal contractors and subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs (OFCCP). The rule is scheduled to be published in the Federal Register August 8, and all comments must be received within 90 days after the date of publication.
Do you have operations in multiple states? Are you faced with the herculean task of monitoring several states' legislatures, agencies, and courts to make sure you're aware of employment law changes? Our brand new monthly newsletter, Employers State Law Alert, is the answer.
The Employers Counsel Network helps employers find legal counsel. Find the ECN attorneys in your state who write your Employment Law Letter. Details