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Showing 247 posts in Employment Law.
“Why Does She Get To Do That?” Handling Questions about Employee ADA Accommodations
The Americans with Disabilities Act (“ADA”) requires any employer with fifteen or more employees to provide reasonable accommodations to individuals with disabilities, as long as doing so does not result in “undue hardship” to the employer. A reasonable accommodation can be any change in the work place that helps a person with a disability to enjoy equal employment opportunities. The ADA has very strict guidelines about when and how an employer may inquire about an employee’s disability. What happens, though, when a non-ADA employee asks you, the employer, why another employee is receiving perceived preferential treatment? More >
Are You Going to Play or Pay? Part II
On Monday, we discussed how to determine if you are a “large employer” for purposes of the ACA’s employer mandate. Once you know whether the mandate is applicable, the next step is to know what you will be signing up for if you decide to “play.” The mandate requires you to offer “minimum essential health coverage” that is “affordable” to all full-time employees in 2014. Of course, you need to know what these vague terms really mean. Here’s a general description: More >
Are You Going to Play or Pay?
The Affordable Care Act (“ACA”) includes an “Employer Mandate” that every employer should understand. Although the mandate will not take effect until January 2014, now is the time to learn about it. The mandate requires “large employers” to offer health coverage for “full-time employees” (and their dependents) or pay a penalty tax. The system has become known as “play or pay.” While the requirement may appear quite simple, do not be fooled. It requires a complicated analysis and employers will likely need professional advice to decide whether or not they are going to play or pay in the coming year. More >
Employers’ deadline to file protective claim for 2009 FICA taxes is April 15, 2013
On September 7, 2012, the Sixth Circuit of Appeals (which encompasses Michigan, Kentucky, Ohio and Tennessee) held in United States v. Quality Stores, Inc. that severance payments to former employees pursuant to an involuntary reduction in work force are not taxable “wages” for purposes of Medicare and Social Security withholding under the Federal Insurance Contributions Act (“FICA”).[1] This affirmed the earlier decision by the Western District Court of Michigan. [2] More >
For the Record—What Document Retention Policy Does Your Business Have in Place?
Business owners know that paperwork can be a lot of work. There are personnel files, insurance and benefit records, investigative files, government forms, payroll— and the list seemingly never ends. As a result, it is imperative that employers have a record retention policy in place before a mountain of paperwork overruns the office. All employers, and especially their Human Resources departments, should know not only where to store documents, but also how long to keep them and who is in charge of necessary cataloging. More >
New Administrator’s Interpretation Could Expand FMLA Coverage
Under the Family Medical Leave Act (“FMLA”), eligible employees are provided up to twelve weeks of unpaid, job-protected leave per year. Eligible employees can take FMLA leave for, among other things, the birth and care of a newborn child. Although the FMLA broadly defines a “son or daughter” under this provision to include a “biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis”, it does not expressly confirm whether employees may take leave to care for a son or daughter over the age of eighteen. More >
Form I-9 Finally Makes Its Appearance
U.S. Citizenship and Immigration Services (“USCIS”) just announced the long-awaited new Form I-9, Employment Eligibility Verification. Although the previous form expired on August 31, 2012, employers have continued using the previous form pending the issuance of the revised form. More >
The Equal Pay Act—Is Your Business Helping or Hurting the Cause?
In 1963, when the Equal Pay Act (“Act”) was signed by President Kennedy, women were earning an average of 59 cents on the dollar when compared to men.[1] Today, women earn about 80 cents on the dollar.[2] President Obama addressed the issue of equal pay in his second inaugural address, “[O]ur journey is not complete until our wives, our mothers and daughters can earn a living equal to their efforts.” Where does your business stand on the journey to equal pay? Equal pay may not be something that is high on your radar as an employer, but you should always be assessing if your business is compliant with applicable laws and whether employees are being treated fairly. More >
Telecommuting—No Longer the Way of the Future?
Marissa Mayer is making news. She may also be single-handedly changing employer policies across the country. As Yahoo’s new CEO, Mayer already made headlines as the youngest female CEO in a Fortune 500 company. But now she is becoming known for what she does and not just who she is. Mayer recently instituted a ban on telecommuting for all Yahoo employees. The decision was a massive shock to company employees who routinely worked from remote locations. After all, it seems paradoxical that a tech giant like Yahoo requires employees to be physically present in the office for work when technology permits otherwise. More >
Can Having Employees Pose for the Camera Pose Problems for You?
Employers have a variety of reasons for using employee photos, including: More >
