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ACA Checkup: What Do Employers Need to Know in 2020?

Ogletree Deakins • February 26, 2020
Despite multiple challenges, many portions of the Patient Protection and Affordable Care Act (ACA) are still in effect and employers are taking steps to remain in compliance with the law. This fact sheet is intended as a quick checkup as businesses prepare for reporting on coverage offered under their employer-sponsored healthcare plans in 2019 and develop their compliance strategies for 2020.

Coronavirus: How to properly pay employees in the event of a pandemic

Franczek Radelet P.C • February 26, 2020
The anticipated spread of coronavirus in the U.S. has many employers revisiting their emergency response plans. Depending on guidance from public health officials, some employees may be directed to work from home, temporarily furloughed, or work a reduced schedule. Some managers and executives may be pressed into service to perform more manual or routine tasks.

The Supreme Court Defines Actual Knowledge

Jackson Lewis P.C. • February 26, 2020
In a closely watched decision, Intel Corporation Investment Policy Committee v. Sulyma, Slip Op. No. 18-1116 (U.S. S. Ct., Feb. 26, 2020), construing ERISA’s three-year statute of limitations, see ERISA § 413(2), 29 U.S.C. § 1113(2), the Supreme Court held unanimously (J. Alito) that “actual knowledge” means “. . . when a plaintiff actually is aware of the relevant facts, not when he should be.”

#MeToo: In Defense of Nondisclosure Agreements

Littler Mendelson, P.C. • February 26, 2020
Nondisclosure Agreements (NDAs) have recently come under fire within the #MeToo debate. Opponents of the NDA argue that its sole (and negative) purpose is to silence victims of sexual harassment and allow those accused to continue to harass others. NDA proponents, however, offer a different perspective. An NDA is one of many mechanisms used to defend against allegations that are in dispute. It can provide a smooth transition to resolution rather than litigation, and can benefit both the alleged victim and the employer.

New 2019 Data Shows U.S. Workers Participated in Strike Actions at Highest Rate in 30 Years

Jackson Lewis P.C. • February 26, 2020
Employers, especially manufacturers, are facing a new (old) challenge in unionized work forces: strikes. The latest data from the Bureau of Labor Statistics (BLS) shows U.S. workers are more likely to strike today than at any other time in the last 30 years. This should prompt employers with unionized workforces to review their strike preparedness plans.

Business Continuity in the Event of a Coronavirus Pandemic

Franczek Radelet P.C • February 26, 2020
On February 13, 2020, we reported on recent guidance from the Center for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) for businesses to plan and protect their workplaces from exposure to 2019-nCoV, or the “2019 novel coronavirus.”

Kentucky Considers Amendments to Injury Reporting Requirements

Jackson Lewis P.C. • February 26, 2020
On February 12, 2020, Kentucky’s Labor Cabinet’s Department of Workplace Standards has proposed an amendment to its regulation on employer’s obligations to report workplace injury and illnesses.

Requests to Know under the CCPA: Practical Compliance Tips

Jackson Lewis P.C. • February 26, 2020
The much anticipated California Consumer Privacy Act (“CCPA”) is now in effect (as of January 1, 2020), and as we’ve recently reported, class action litigation under the CCPA has already begun.

New York’s Farm Wage Board Begins Meetings on Overtime Threshold for Agricultural Laborers

Jackson Lewis P.C. • February 26, 2020
New York’s Farm Laborers Fair Labor Practices Act went into effect on January 1, 2020, drastically altering the employment relationship between agricultural employees and their employers. Until now, workplace protections for farm laborers lagged far behind those in other industries.
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