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  • Opt-Out Incentives: The Ins and Outs

    October 02, 2017 |

    As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage. But this raises potential problems under the Affordable Care Actas well as a number of other federal laws.

  • NY's Paid Family Leave Program

    October 02, 2017 |

    Part One of a Two-Part Article

    Effective Jan. 1, 2018, New York State will have its own "Paid Family Leave Benefits Law." Since the payroll deductions supporting the Law began July 1, 2017, it is not too early to begin reviewing your employer obligations.

  • The Equal Pay Act

    October 02, 2017 |

    With the trend among cities and states moving toward closing the gender wage equality gap, the question remains: What was the U.S. Court of Appeals for the Ninth Circuit thinking this April when it decided Rizo v. Yovino?

  • No Harassment, But Retaliation Claim Survives

    October 02, 2017 |

    Just as the adage is that "the coverup is worse than the crime," we know that in employment law, "the retaliation claim is more dangerous than the underlying discrimination." The latest example of this is in the recent decision of Austin v. Bloomin' Brands, Inc..

  • Securing Your Information-Rich Employee Benefit Plans

    October 02, 2017 |

    Hackers have turned to a new information-rich source: employee benefit plans. This article examines the threat facing benefit plans, explores the applicable legal landscape, and recommends steps to better equip plans to prepare for and manage data breaches.

  • Medical Marijuana

    September 02, 2017 |

    Accommodating Employees Who Use It

    Here is the latest tip for employers: Do not be too quick to "just say no" to medical marijuana. The "it's a federal crime" escape hatch employers invoked previously has been closed by more and more courts in states with medical marijuana laws.

  • Is Trump the New Obama?

    September 02, 2017 |

    Possible Regulatory Enforcement Against Business After All

    Immigration is now the focus of the Trump administration. Last year, ICE released "Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits." Employers would do well to review and familiarize themselves with it. Additionally, employers should also seek the advice of competent counsel to ensure their self-audits are useful without creating the smoking gun that the government audits are hoping to find.

  • The Latest Trend in Employment Law: Banning Salary History Inquiries

    September 02, 2017 |

    Add salary history to the growing list of inquires off limits to those who interview and evaluate prospective job candidates. Several cities and states have passed legislation that, broadly, prohibits a prospective employer in the private sector from asking questions about an applicant's compensation history.

  • Arizona's New Paid Sick Leave Law

    September 02, 2017 |

    What You Need to Know

    As of July 1, 2017 all employers in Arizona are now required to provide employees with paid sick leave as directed by a new law, the Fair Wages and Healthy Families Act, which Arizona voters passed in November 2016.

  • Pay Equity Litigation Trends

    August 02, 2017 |

    New requirements and prohibitions on compensation practices around the country are making pay equity a hot topic. These obligations seek to address the "gender pay gap," which the latest reports estimate is at a little over 20%, with women across all occupations having median earnings around 78% of the median earnings of men.

  • The Equal Pay Act

    August 02, 2017 |

    This year, 25 states and the District of Columbia are considering legislation that would prohibit employers from asking job candidates about past salaries. The belief is that by setting employees' salaries based on what they were paid at their last job, employers may be perpetuating gender discrimination that began long ago.