Your source for the latest changes in employment law
The Affordable Care Act Reporting Requirement: The IRS Forms Are Here!
The IRS recently issued draft forms and instructions that certain employers must file in order to comply with the Employer Mandate reporting requirements of the Affordable Care Act ("ACA"). While these forms are in "draft" form, and the IRS has indicated that they may change based on public comment, the forms provide insight into the type of information that must be compiled in order to comply with these reporting requirements.
Governor Christie Signs “Ban the Box” Legislation for New Jersey Employers
New Jersey Governor Chris Christie signed into law a "ban the box" bill, titled "The Opportunity to Compete Act" (the "Act"). Effective March 1, 2015, the Act will restrict a covered employer's ability to inquire into an applicant's criminal background.
EEOC Issues Enforcement Guidance on Pregnancy Discrimination
The Equal Employment Opportunity Commission ("EEOC") recently issued new enforcement guidance on pregnancy discrimination and related issues (the "Guidance"). The new Guidance, the first to address pregnancy discrimination since 1983, contains a comprehensive view of the EEOC's position on the application and interpretation of the Pregnancy Discrimination Act ("PDA") and the Americans with Disabilities Act ("ADA") with respect to the rights of workers to be financially and legally protected before, during, and after their pregnancies.
NLRB General Counsel Issues Guidance on Handbook Rules
On March 18, 2015, the General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 15-04, a 30-page Memorandum providing guidance on handbook policies and employer rules. The Memorandum which addresses recent NLRB decisions pertaining to employee handbooks, was issued to provide guidance regarding policies and rules that an employee would reasonably construe to prohibit Section 7 activity under the National Labor Relations Act (the"Act"). In his introduction to the Memorandum, the General Counsel noted that the Act "does not allow even well-intentioned rules that would inhibit employees from engaging in activities protected by the Act."
Attention NYC Employers: Paid Sick Leave Notice Now Available
The New York City Earned Sick Time Act (the "Act") went into effect on April 1, 2014. The Act requires certain employers to provide workers with sick days. The Act further requires that New York City employers provide notice of an employee's right to sick time at the commencement of employment and to existing employees by May 1, 2014. The notice may also be conspicuously posted at an employer's place of business in an area accessible to employees.
Important Documents and Links
“It’s Not Always Clear What Constitutes Sexual Harassment. Use This Tool to Navigate the Gray Areas to Navigate the Gray Areas.” By Kathleen Kelley Reardon
“Protected Activity”Continues to Broaden Under SOX
State Mandated Paid Family Leave is On the Rise
Employer Common Concerns Questionnaire
Preparing for the Separation Agreement ‘Fire Drill’
Equal Pay for Equal Play: U.S. National Women’s Soccer Team’s Fight for Equal Pay Parallels Equal Pay Initiatives Across the Country