In a first of its kind opinion, the U.S. Court of Appeals for the Third Circuit (which hears appeals from the federal district courts in Delaware, New Jersey, and Pennsylvania) ruled that an employer does not violate the Fair Labor Standards Act (FLSA) when it deducts time from FLSA-exempt employees’ paid time off (PTO) banks … Continue Reading
Register for this event The Supreme Court’s June 2022 decision reversing long-standing precedent protecting abortion rights has created complexities for employers and other organizations across the US. As we continue to watch the impact of the Dobbs v. Jackson Women’s Health Organization decision unfold, please join our team of lawyers in a conversation highlighting where we are now … Continue Reading
Today, in a 6-3 decision, the nation’s highest court reversed the long-standing, seminal pro-abortion case in Roe v. Wade. Justice Samuel Alito authored the majority opinion in Dobbs v. Jackson Women’s Health Organization, holding that, “[t]he Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of October 18, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
Since the outbreak of COVID-19, the Occupational Safety and Health Administration had limited itself to issuing general guidance concerning COVID-19, as opposed to specific rules or standards. On Thursday, however, OSHA announced that it will issue its first standard specific to COVID-19 for healthcare workers. Although the standard is temporary, it creates significant obligations for … Continue Reading
As part of Squire Patton Boggs’ ongoing focus on COVID-19 pandemic challenges and opportunities, on November 5, 2020 at 2:00 p.m. Eastern, Laura Lawless of the firms’ Labor & Employment Practice Group will host an hour-long discussion aimed at healthcare employers that will focus on some of the key issues that are front and center … Continue Reading
Earlier this month the Supreme Court of the United States upheld a regulation adopted under the Trump administration significantly cutting back the requirement that insurers and group health plans provide coverage for contraceptives without cost sharing under the Affordable Care Act (ACA).… Continue Reading
Providing much needed assistance to employees’ who were blindsided by COVID-19 and who were incapable of making health care coverage elections with COVID-19 in mind, the IRS on May 12, 2020, provided temporary relief that allows employers, during 2020, to expand the permissible reasons for employees to make prospective mid-year election changes to their health … Continue Reading
Santa Clara County, the heart of Silicon Valley, issued a new Health Order on April 8, 2020. [https://www.sccgov.org/sites/phd/DiseaseInformation/novel-coronavirus/Documents/order-04-08-20-ppe-disclosure.pdf] This order requires every entity and individual in the county to submit an inventory of qualifying quantities of certain Personal Protective Equipment (“PPE”) and Ventilators by April 15. The County has provided an online site to report … Continue Reading
Since the Families First Coronavirus Response Act (FFCRA) became law last week (amazing how long ago that feels, right?), the US Department of Labor (DOL) has been publishing and updating guidance concerning the public health emergency paid sick leave and emergency Family and Medical Leave Act (FMLA) leave required under the law. (See our prior … Continue Reading
At last count, ten counties in Northern California have issued Health Orders dictating the mandatory shut down of all but “Essential Businesses”. The Counties are Alameda, Contra Costa, Sacramento, Santa Clara, Marin, San Mateo, San Francisco, Sonoma, Monterey, and San Benito. These Orders are substantially similar and, as drafted, specify numerous exceptions to permit Essential … Continue Reading
The coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus,” is now impacting employers all across the US. Every organization should have a plan of action in place concerning the coronavirus as the threat of an outbreak at your workplace cannot be ignored. Please join us for a live webinar on Monday, March 16, 2020 … Continue Reading
You can’t escape the panic spreading through mass and social media regarding the 2020 Wuhan Novel Coronavirus, a virus that has resulted in fatalities in China and infected thousands worldwide. Symptoms mimic that of influenza (fever, cough), but can include difficulty breathing, pneumonia, kidney failure, and death in severe cases. Despite the panic, there are … Continue Reading
On Tuesday, June 18, 2018, The U.S. Department of Labor (“DOL”) released its long-anticipated final rule on association health plans, allowing small businesses to band together by geography or industry to create health plans as if they were a single large employer. Association health plans will not be subject to the Affordable Care Act’s essential … Continue Reading
On November 29, 2017, The Department of Labor delayed through April 1, 2018, the applicability of a Final Rule amending the claims procedure requirements applicable to ERISA-covered employee benefit plans that provide disability benefits. The purpose of the Final Rule was to add procedural protections and safeguards similar to those applicable to group health plans … Continue Reading
The Department of Labor (DOL) has announced a Proposed Rule [pdf] to implement Executive Order 13706, Establishing Paid Sick Leave for federal contractors. As we previously reported, under that Order, beginning January 1, 2017 federal contractors and subcontractors must grant each employee working under covered contracts (or covered subcontracts) one hour of paid sick leave … Continue Reading
Yesterday (September 7, 2015), while most workers were celebrating Labor Day, President Obama signed an Executive Order mandating that private employers doing business with the federal government provide paid sick leave to those employees working under federal contracts. Under the Order, beginning January 1, 2017, all federal contractors and subcontractors must agree to grant each … Continue Reading
Dave & Buster’s, the establishment known for serving up “big-time fun” by combining food, drinks and arcade games, is in the news for being the first business accused in a lawsuit of cutting its workers’ hours to avoid providing health care under the Affordable Care Act (“ACA”) in violation of the Employee Retirement Income Security … Continue Reading
The EEOC has proposed amendments to its regulations under the Americans with Disabilities Act (“ADA”) as they relate to employer wellness programs. These proposed amendments were published on Monday, April 20, triggering a 60-day public notice and comment period. The proposed amendments aim to define which employer wellness programs are valid under the ADA, which … Continue Reading
Many employers offer wellness programs to employees—such as providing rewards to employees for participating in health and wellness programs (e.g., weight loss, smoking cessation) and achieving particular results, or penalizing employees for declining to participate in such programs in the form of higher insurance premiums—as a way to encourage healthier, more productive workforces while reining … Continue Reading
The Supreme Court has issued a 5-4 decision in which it found that closely-held for-profit corporations can avoid the mandate under the Affordable Care Act (ACA) that requires the provision of birth control coverage to their employees. In reaching their decision in Burwell v. Hobby Lobby and Conestoga Wood Specialties v. Burwell, the justices determined … Continue Reading
More enforcement concerns loom for the Affordable Care Act as another federal decision keeps employers under a religious group plan from swallowing the pill of providing complete contraceptive coverage to its female employees. In Reaching Souls International Inc. et al. v. Sebelius et al., Case No. CIV-13-1092-D, the plaintiffs provided employees with a group health … Continue Reading
At Thorpe Park in Surrey, actors dress up, hollow-eyed and gory, and chase terrified customers around a “Live Action Horror Maze” (says the website). If you really enjoy being scared out of your wits in the dark by strangers wielding chain saws then it sounds fun. However, the loose theme is that the actors are … Continue Reading
A colleague of mine heard the Chief Medical Officer for the SAS say at a recent conference that, “What we have in the SAS is love for each other”. When would you ever hear this sort of comment in the Board Room of UK Ltd? How many managers or partners would say this of their … Continue Reading
