Decision Aims to Help Employers Comply With Antidiscrimination Laws
On July 21, 2020, the National Labor Relations Board (NLRB) issued a decision that eases the way for employers to discipline or discharge an employee based on abusive or offensive conduct—such as racist or profane remarks—committed while the employee was also engaged in activities that are…
New Figure Marks Slight Increase from 2020
Under the Affordable Care Act’s employer shared responsibility (pay or play) rules, applicable large employers—generally those who have 50 or more full-time employees (including full-time equivalent employees)—may be subject to a penalty if they do not offer affordable health insurance coverage that provides minimum value to their full-time…
2018 Final Rule Allows Policies Lasting up to 12 Months
On July 17, 2020, a federal appeals court upheld a 2018 final rule expanding short-term, limited-duration insurance (STLDI) for purposes of the Affordable Care Act (ACA). The final rule:
Provides a maximum coverage period for STLDI of up to 12 months; and
Allows STLDI…
Series of Four Executive Orders Issued
On July 24, 2020, President Donald Trump issued the following series of executive orders in an effort to lower drug prices:
Executive Order on Lowering Prices for Patients by Eliminating Kickbacks to Middlemen: directs federally qualified health centers to pass along massive discounts on insulin and epinephrine received from…
According to the DHS This Will Be the Final Extension
The U.S. Department of Homeland Security (DHS) has announced that the exemption for the physical inspection of Form I-9 documents has been extended to Aug. 19, 2020.
Physical Inspection
Employers must complete and sign Section 2 of Form I-9 within three business days of the employee’s first…
The New Emergency Temporary Standard Requires Job Risk Assessments, Employee Training and Customized Control and Prevention Measures
Virginia has adopted an occupational safety and health standard to protect employees within the state from COVID-19. This Emergency Temporary Standard (ETS) applies to all employers and employees subject to the Virginia Occupational Safety and Health (VOSH) program.…
Employee Leave Benefits Start Jan. 1, 2021
On July 24, 2020, the Massachusetts Department of Family and Medical Leave published final amendments to regulations issued under the state’s Paid Family and Medical Leave (PFML) program.
The amendments cover a range of subjects, and include changed or new definitions of accrued paid leave, average weekly wage, average…
Court Upholds Documentation Requirement and Limits on Intermittent Leave
In a case brought by the New York attorney general, the U.S. District Court for the Southern District of New York has vacated portions of regulations issued by the U.S. Department of Labor (DOL) under the Families First Coronavirus Response Act (FFCRA). It is not yet…
The Department of Treasury Will Stop Collecting Certain Payroll Taxes Between Sept. 1 and Dec. 31
On Aug. 8, 2020, President Donald J. Trump ordered the U.S. Department of Treasury (the Department) to defer collecting certain payroll taxes from Sept. 1 to Dec. 31, 2020. Because the order is for a deferral, the unpaid taxes…
Health and Welfare Rate Required Only for Concurrent Leaves
The U.S. Department of Labor (DOL) has issued questions and answers (Q&As) on when federal contractors must include Service Contract Act (SCA), Davis-Bacon Act (DBA) or Executive Order 13706 fringe benefits--or their monetary equivalent--for workers taking leave under the Families First Coronavirus Response Act (FFCRA).
According to…