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The Saga Continues for Multi-Employer Pension Funds

Jackson Lewis P.C. • November 19, 2018
This is another blog on our monitoring the status of defined benefit multi-employer pension funds. Since this author last wrote to you, it has been revealed that the Central States Pension Fund is scheduled to become insolvent sometime in 2025. Worse yet, it has been announced that the multi-employer fund of the Pension Benefit Guaranty Corporation (“PBGC”) which was structured to assist insolvent multi-employer pension funds is also projected to run out of money in 2025.

No Adverse Employment Action, No Failure-to-Accommodate Claim, Tenth Circuit Rules

Jackson Lewis P.C. • November 19, 2018
The Americans with Disabilities Act (“ADA”) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability. But, is a failure to accommodate standing alone—absent an adverse employment action—enough to establish an ADA failure-to-accommodate claim? For example, if an employer fails to accommodate a wheelchair-bound employee by refusing to move her office a few feet closer to the entrance, has the employer violated the ADA? In this scenario, assuming the facts show that traveling the extra distance is just a mere inconvenience, the answer likely depends on whether an adverse employment action is a required element of a failure-to-accommodate claim.

Making Workplaces More Colorful: 8 Ways to Support LGBT Workers

XpertHR • November 19, 2018
The 2018 midterm election was historic for individuals identifying as lesbian, gay, bisexual or transgender (LGBT). With significant victories on the state and local level, LGBT individuals are making inroads as shown by Colorado electing Jared Polis as the nation’s first openly gay governor and Kyrsten Sinema making history not only as Arizona’s first female senator, but the first-ever bisexual member of the US Senate.

Financial Wellness Benefits: What Employers Need to Know

XpertHR • November 19, 2018
While a physical wellness program is not a new concept to most employers, a growing number are taking wellness a step further and offering financial wellness benefits, such as providing access to retirement planning advice.

PODCAST: Untangling Complex Leave Issues – Part I

Ogletree Deakins • November 19, 2018
In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the two laws and best practices for effectively managing leaves of absence in complicated situations.

Minimum Wage, Tipped and Exempt Employee Pay in 2019: A Rates-Only Update

Littler Mendelson, P.C. • November 19, 2018
Minimum wage laws can impact businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, we are publishing a rates-only update detailing state- and local-level wage increases that are scheduled to occur throughout 2019 so employers can determine the minimum amount they must pay non-exempt, tipped, and certain exempt employees.

Sex Discrimination Claim Arising from No Severance

Goldberg Segalla LLP • November 19, 2018
A severance package is pay and/or benefits employers pay employees following a termination or layoff. Often, the employee’s acceptance of the severance will include a release of any potential claims against the employer. Of course, severance packages are not required. In a recent decision, a court considered what happens when every departing employee is not offered a severance package.

Family Businesses Could Have Employment Law Advantages

Brody and Associates, LLC • November 19, 2018
Family businesses make up the fabric of America. From an employment-law perspective, family businesses often face unique issues because of the family dynamic. For instance, upper management is totally Hispanic because it is a family owned operation. Is this a defense to certain discrimination claims? The answer is yes. Being a family business can be good for an employment-law defense.

2019 is Coming: California Employers Need to Brace Themselves for the Flurry of New Laws Set to Take Effect January 1, 2019

Goldberg Segalla LLP • November 19, 2018
California Governor Jerry Brown recently signed a slew of employment-related bills into law, many of which will take effect on January 1, 2019. These laws will have an immediate impact on the workplace and will require employers in the Golden State to revamp existing practices and procedures.

Newly Created Massachusetts Agency Issues First Guidance On Paid Leave Law

Fisher Phillips • November 19, 2018
As the ramp-up towards Massachusetts’ paid family and medical leave continues, the newly created Department of Family and Medical Leave (DFML) just launched its website and issued its first guidance documents. As discussed previously, the July 1, 2019 date for starting contributions looms in the not-too-distant future, while benefits under the paid leave programs will begin in January 2021. What do employers need to know about this development?

New York City Will Require Employers to Provide Greater Workplace Accommodations for Lactating Employees

Littler Mendelson, P.C. • November 19, 2018
On November 17, 2018, Sections 8-102 and 8-107(22) of the New York City Administrative Code were amended to require employers in New York City with four1 or more employees to (1) provide designated lactation room(s) for employees and (2) implement a lactation room accommodation policy. New York City law already prohibited discrimination based on pregnancy, childbirth, and related medical conditions and obligated employers to provide reasonable accommodations to nursing employees and to display a poster to alert employees about their rights to express milk in the workplace.2 The new amendments—which will take effect on March 18, 2019—expand on these requirements, as well as on the 2007 New York State Nursing Mothers Rights at Work Law.3

Have you HIRD? Massachusetts Employers Must File a Health Insurance Disclosure Form by November 30th

Littler Mendelson, P.C. • November 19, 2018
New guidance issued by the Massachusetts Department of Revenue requires Massachusetts employers with six or more employees to file an annual health insurance responsibility disclosure (HIRD) form. The form became available on November 1, and must be submitted by November 30 of this year and each year subsequent.
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