Regulations

Questions About  Military Service - USERRA

The Department of Labor, through the Veterans' Employment and Training Service (VETS), provides assistance to all persons having claims under USERRA. 

Affordable Care Act Notices Delayed

When do employers have to comply with the new notice requirements in section 18B of the FLSA?

Section 18B of the FLSA provides that employer compliance with the notice requirements of that section must be carried out "[i]n accordance with regulations promulgated by the Secretary [of Labor]." Accordingly, it is the view of the Department of Labor that, until such regulations are issued and become applicable, employers are not required to comply with FLSA section 18B. 

March Madness Can Be Problematic for Employers
Lisa McGlynn, Fisher & Phillips LLP 

March Madness is here again. The brackets, the excitement, the employment law issues! Yes, many employers find that the annual NCAA basketball tournament goes hand-in-hand with employment law because, unfortunately, one of the most exciting sporting events of the year can also be the most problematic for employers.

Unlike other major sporting events such as the Super Bowl, which takes place on a single Sunday evening, March Madness lasts for weeks and roughly half of the games are played during traditional work hours. Studies have shown a huge drop in productivity during March Madness as employees tune in to watch games, check scores or research teams for their brackets on their computers and smart phones.

New York Unemployed Discrimination  Law Passed

The Law Against Unemployed Discrimination Law, Intro 814-A was passed by the New York City Council on March 13, 2013 and becomes effective in mid-June. The law prevents employers from discriminating against job applicants who are unemployed.

Overtime Work Is Not A By-The-Job Matter
John R. Thompson, Fisher & Phillips LLP
 

Recent reports have described more than one scenario in which an employer violated the federal Fair Labor Standards Act because the employer failed to recognize that non-exempt employees' hours worked over 40 were overtime ones. The employees had performed their work in more than one position during the week, such that their time spent in any particular job did not exceed 40 hours. However, an employee's hours worked in all of the positions in which he or she was engaged for the employer in the week totaled more than 40.

Give Generously, Keep It Legally
Suzanne Bogdan, Fisher & Phillips LLP
(Education Update, Jan.2013)

About a month ago, one of the school's families that owns a popular restaurant and bar held a special fundraising event whereby 20% of the proceeds from every meal served were donated to the school.  The school sent out email advertisements to its families, and kids put up posters around town. The event was a huge success, netting $3,000 to the school. Today, the school received a complaint from the Department of Agriculture asking for details about the event, citing a potential violation of the Solicitation of Funds statute.

Question on W-2s 

The following question and answer was from The Future of PPACA webinar hosted last week and presented by Chris Harrison, President & CEO of EbenConcepts. 

Question:
For many years, we have processed between 230-240 W-2s.  For 2012, I have 258 W-2s to process.  Do I need to calculate and enter the annual aggregate value of the employees' health benefits on their W-2 forms?  We have about 70 employees who carry our Health insurance.  Thanks for your help! 

Is the EEOC Messing with Texas
By Michael Abcarian, Fisher & Phillips LLP 

Texas companies may be feeling the heat of potential Equal Employment Opportunity Commission investigations, including the agency's recent strategy of focusing on class-based situations against employers - large and small - in an effort to crack down on systemic workplace discrimination. The message is clear.

Instead of simply looking at individual discrimination and retaliation allegations, the EEOC is now often looking for policies, practices, procedures or other patterns of wrongdoing that may affect dozens or even hundreds of workers at a time in areas such as hiring, pay and termination. Unfortunately, the tale often lies in the cold realities of numbers, and if so, Texas employers may be wearing targets with bulls eyes.

Is Obesity an Impairment Under the Americans With Disabilities Act?
Myra Creighton, Fisher & Phillips LLP

Employers are in a quandary when it comes to determining if obesity is an impairment under the Americans with Disabilities Act. When Congress passed the ADA in 1990, it defined a disability as an impairment that substantially limits a major life activity, a record of such an impairment or being regarded as having such an impairment. The ADA Amendments Act of 2008 did not change the words in the definition of actual disability, but it indicated that the terms "substantially limited" and "major life activity" should be broadly interpreted.

New Tax Law Brings Changes To Certain Benefits
Callan Carter and Elaine Harrison
Fisher & Phillip Benefits Update, February 2013  

On January 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 (ATRA) into law. ATRA was passed by Congress to address the combination of tax increases and automatic spending cuts popularly known as the "fiscal cliff." In addition to the tax and spending-related changes, ATRA also made several important changes affecting certain employee benefits. The changes with respect to in-plan Roth-contribution transfers are discussed in another article in this Benefits Update. Other employer-provided benefits that were affected by ATRA are summarized below:  

• Qualified Transportation Plans
• Qualified Adoption Assistance Benefits
• Qualified Educational Assistance Programs
• Employer-Provided Child Care
• Dependent Care Assistance Programs/Dependent Care Tax Credit