Workers Compensation & Employment

On October 11, 2018, the Occupational Safety and Hazard Administration (OSHA) released an updated Memorandum to clarify its position on whether employee drug screening and safety incentive programs are permissible.  In May 2016, OSHA published a final rule that prohibited employers from retaliating against their...

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The Office of the General Counsel (“GC”) for the National Labor Relations Board (“NLRB”) has issued new Guidance to its Regional Directors and Offices regarding employee handbook policies in response to an NLRB ruling in December, The Boeing Company, 365 NLRB No. 154.  The new...

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By Kristina E. Curry On May 21, 2018, the U.S. Supreme Court upheld employment arbitration agreements which prohibit employee class and collective actions.  Epic Systems Corporation v. Lewis No. 16-285, involved three consolidated cases where former employees attempted to make claims under the Fair Labor Standards...

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Under the Affordable Care Act, a 40% excise tax, often referred to as a “Cadillac tax”, was originally scheduled to apply for tax years beginning after 2017.   This Cadillac tax was to be levied on the “excess benefit” provided to an employee by an employer-sponsored...

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One of my clients recently contacted my office and advised that his Company had received a Notice from IRS regarding calculation of the Employer Shared Responsibility Payment (ESRP).  According to the letter, the IRS had determined that the Company was an Applicable Large Employer (as...

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On June 5, 2017, the U.S. Supreme Court decided Advocate Health Care Network v. Stapleton, No. 16-74, resolving the question of whether church-affiliated hospitals’ employee defined-benefit pension plans qualify for the ERISA church plan exemption, despite those plans not having been originally “established” by a...

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In a surprising victory for employer groups and 21 states in a lawsuit filed in the U.S. District Court in Eastern District of Texas, Judge Amos Mazzant issued a nationwide preliminary injunction that effectively stopped implementation of the Department of Labor’s new overtime rule, which...

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On December 19, 2014, President Obama signed into law the National Defense Authorization Act of 2015.  The law, for the first time, allows military members to name special needs trusts as beneficiaries of Survivor Benefit Plans (SBP).  Through SBPs members of the military can elect...

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