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5 Ways Employers Can Keep the Holidays Happy

XpertHR • December 16, 2018
Along with the joy, cheer and hot chocolate holiday time brings, this time of year also raises a whole host of issues for employers who must grapple with difficult questions concerning holiday decorations, time off, employee stress and gift giving at work.

Social Security Administration ‘No Match’ Letters to Employers Make Another Comeback

Jackson Lewis P.C. • December 16, 2018
Social Security Administration (SSA) has begun notifying employers that the information reported on an individual employee’s W-2 form does not match the SSA’s records with “Request for Employer Information” letters, known as “No-Match” letters.

Jackson Lewis Class Action Trends Report Fall 2018

Jackson Lewis P.C. • December 16, 2018
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find this issue to be informative and insightful. Using our considerable experience in defending hundreds of class actions over the last few years alone, we have generated another comprehensive, informative and timely piece with practice insights and tactical tips to consider concerning employment law class actions. We hope you enjoy!

Ho! Ho! Ho! Where Did It Go?

Jackson Lewis P.C. • December 16, 2018
On December 14, 2018, a federal district judge sitting in Texas ruled that, without the so-called “individual mandate” which requires individual taxpayers to maintain minimum essential coverage, the rest of the Patient Protection and Affordable Care Act as amended (widely known as the “ACA”) is “INVALID”.

‘Tis the Season for Budget Negotiations: What is the Potential Impact of Another Government Shutdown?

Jackson Lewis P.C. • December 16, 2018
With less than a week left on the December 21st deadline to reach a spending deal and avoid another government shutdown, tensions are high in Washington D.C. On Tuesday, President Trump stated he would refuse to sign a spending bill that did not contain a $5 billion allocation for a border wall. It is questionable, however, whether such a bill would pass in the House or Senate. Thus, it is possible we will see the third shutdown of certain government agencies in this presidential term.

Beltway Buzz, December 14, 2018

Ogletree Deakins • December 16, 2018
Joint-Employer Extension. This week the National Labor Relations Board (NLRB) further extended the deadline for submission of comments in response to its proposed joint-employer rulemaking. Comments had been due on December 13, 2018, but now comments will be due on January 14, 2019. We suppose folks who are drafting comments might be thankful for the extra time, but the further extension (this is the second time the Board has extended the comment period) certainly does not benefit the business community. This is because while this proposal is pending, the ambiguous joint-employer standard set forth in Browning-Ferris Industries remains the law of the land.

3 Options For Providing Wellness Program Incentives In 2019...And Beyond

Fisher Phillips • December 16, 2018
Employers are about to enter into limbo when it comes to maintaining wellness programs, and you will soon need to make a decision about how you will implement any such programs at your workplace. As of January 1, 2019, the federal rules that had been put into place to govern wellness program incentives will be officially invalid, meaning that you will be somewhat in the wilderness when it comes to creating and enforcing a voluntary wellness program. Here’s a quick summary of how we got to this point, and three options for you to consider in light of the impending absence of rules.

Top Five Labor Law Developments for November 2018

Jackson Lewis P.C. • December 16, 2018
National Labor Relations Board (NLRB) Chairman John Ring has announced that revisions to the Board’s election rules are a “long-term” action item. This may indicate the revisions to the Obama-era election rules (in effect since April 2015) are less of a priority for the upcoming year than other Board initiatives.

Employer Successfully Defends Rounding Policy by Showing It Did Not Disfavor Employees

Jackson Lewis P.C. • December 16, 2018
A California appellate court held an employer’s use of a rounding policy for its non-exempt employees complied with California law because it did not disfavor employees. (Donohue v. AMN Services, LLC (Dec. 10, 2018) Case No. D071865.)

Ban the Box Legislation Gains Steam

Goldberg Segalla LLP • December 16, 2018
The Westchester County Board of Legislation recently passed legislation banning the box — that is, removing the checkable criminal record box from employment applications. The law, which is expected to be signed by the Westchester County Executive and go into effect 90 days later, would prohibit inquiries about an applicant’s criminal conviction or arrest record on employment applications. Several states, counties, and cities across the nation have enacted Ban the Box legislation, and the trend is expected to continue to rise.

Whistling Past the Graveyard – The Perils of Rounding Policies

Carothers DiSante & Freudenberger LLP • December 16, 2018
For decades, American employers have used the legally endorsed policy of rounding employees’ time to the nearest quarter hour. This has always been permissible, provided the policy was neutral in effect, meaning that on balance employees were not underpaid as a result. Back in the days not so long ago when payroll was calculated by scribes in green visors and sharp pencils, rounding made perfect sense, as trying to pay to the minute when someone on a 9:00 am – 5:00 pm shift clocks in a 8:57 am (so as not to violate the punctuality policy) and doesn’t leave their work station until 5:00 (again to not violate policy) and clocks out at 5:05, would have been far more cumbersome. So rounding to the nearest quarter hour was permitted, provided “it all comes out even in the wash” so as not to deprive employees, on balance, of time worked.
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