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ten most recent federal employment law articles Ten Most Recent Federal Articles

Could Failing to Pay Your Workers Properly Land You in Jail?

Brody and Associates, LLC • October 30, 2014
You may know you can face significant monetary penalties for not paying your workers minimum wage and overtime as required by law. But did you know you can also face arrest and jail time for these violations?

Disability Access Litigation on the Rise

Ogletree Deakins • October 29, 2014
In an article published recently in The Wall Street Journal (“Disability Lawsuits Against Small Businesses Soar,” October 15, 2014), staff writer Angus Loten reported that accessibility lawsuits brought under the Americans with Disabilities Act (ADA) against public accommodations increased by nearly 55 percent in the first six months of 2014 as compared to the number of filings in the same period in 2013. This increase follows a reported 9 percent increase in disability access lawsuits from 2012 to 2013. The article also reported that many of the lawsuits were brought in California, New York, and Florida.

BREAKING: EEOC seeks court order to halt Honeywell’s biometric testing

Constangy, Brooks & Smith, LLP • October 29, 2014
The Equal Employment Opportunity Commission filed a petition yesterday in federal court in Minnesota to stop Honeywell International, Inc., from requiring that employees (and spouses, if the employees have family health insurance coverage) either get biometric testing, or face the loss of employer contributions to Health Savings Accounts and incur other charges.

Executive Labor Summary (October 2014)

Constangy, Brooks & Smith, LLP • October 29, 2014
Ebola crisis: the next big organizing issue? NLRB delays decision on whether employers may restrict use of their email networks Senate HELP Committee approves Sharon Block for full Senate vote on nomination to NLRB

CMS Clarifies Health Plan ID Requirement for Wrap Plans

Littler Mendelson, P.C. • October 29, 2014
The Centers for Medicare and Medicaid Services (CMS) has revised its Health Plan ID (HPID) FAQs to provide clearer guidance for employers who wrap multiple self-funded benefit programs into a single ERISA plan for purposes of the annual Form 5500 filing. In what was previously unclear, the updated guidance confirms that a plan sponsor may obtain a single HPID for all self-funded “controlling health plans” (CHP) offered through a wrapped ERISA plan.

Impact of Supreme Court's Recent Actions on Employee Benefits

Ogletree Deakins • October 29, 2014
On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and Tenth Circuits that had struck down state bans on same-sex marriage. The Supreme Court’s orders do not legalize same-sex marriage in all states; however, they mean that the lower-court decisions striking down bans in Indiana, Wisconsin, Utah, Oklahoma, and Virginia will go into effect and that same-sex marriages will be allowed in these states. States are reacting quickly. For example, on October 7, 2014, the Colorado Supreme Court followed suit and lifted an injunction against clerks in three counties; the Colorado State Attorney General has ordered county clerks across the state to begin issuing marriage licenses to same-sex couples.

Wage and Hour Cases to Watch at the Supreme Court: Part 1 -- Integrity Staffing

Franczek Radelet P.C • October 29, 2014
This month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions, from the scope of the EEOC’s duty to conciliate discrimination claims (Mach Mining v. EEOC, oral argument set for January 2015 or later) to the applicability of a whistleblower protection law to employees who make disclosures “specifically prohibited by law” (Dep’t of Homeland Security v. MacLean, oral argument November 8). Over at the FMLA Insights blog, my colleague Jeff Nowak discusses Young v. UPS, where the Court will consider whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that provides work accommodations to non-pregnant employees with work limitations to also provide work accommodations to pregnant employees with similar work limitations.

Department of Labor Publishes Final Rule to Raise Minimum Wage for Certain Federal Contractors and Subcontractors

FordHarrison LLP • October 29, 2014
Executive Summary: The U.S. Department of Labor issued final regulations on October 1, 2014 to implement Executive Order 13658, Establishing a Minimum Wage for Contractors. President Obama signed the Executive Order on February 12, 2014. The Executive Order raises the hourly minimum wage that covered contractors pay to workers performing work on covered federal contracts to $10.10 per hour, effective January 1, 2015. Beginning January 1, 2016 and annually thereafter, the Secretary of Labor will determine the amount of the minimum wage on covered contracts. The Executive Order applies only to new contracts and replacements for expiring contracts with the federal government that result from solicitations issued on or after January 1, 2015, or to contracts that are awarded outside the solicitation process on or after January 1, 2015. Below are highlights of the final rule.

Faulty Background Checks Can Be Very Costly

Jones Walker • October 29, 2014
Unfortunately, many employers conduct background checks on applicants and employees without crossing the Ts and dotting the Is. Recent lawsuits and settlements totaling millions of dollars highlight the risk for employers who ignore the requirements of the Fair Credit Reporting Act (“FCRA”). It is mystifying how some employers seemingly are not aware of these 18?year?old requirements.

A Primer on Employer Obligations on Election Day

Jackson Lewis P.C. • October 29, 2014
In anticipation of Election Day 2014 (Tuesday, November 4), employers should review their policies and practices to ensure workers are provided time off to vote as required by applicable law and all other obligations of the business are met.