The U.S. Department of Labor (DOL) released an updated version of its elaws Health Benefits Advisor for Employers on April 18.
The elaws Health Benefits Advisor is a helpful tool that outlines the federal laws that can affect health benefit coverage provided by group health plans. These laws include:
0 Comments Click here to read/write comments
Tags: GINA, COBRA, elaws, HIPAA, MHPA, MHPAEA, HR Allen Consulting Services, Employers, HR Informant
Today, the Equal Employment Opportunity Commission (EEOC) issued an updated Enforcement Guidance document on employer use of arrest and conviction records in employment decisions under federal law (Title VII ).
The EEOC voted 4-1 to approve the guidance document. The EEOC also issued a Question-and-Answer document about the new enforcement guidance.
Among other topics, the guidance discusses how an employer’s use of an individual’s criminal history in making employment decisions could violate the prohibition against employment discrimination under Title VII. For example:
0 Comments Click here to read/write comments
Tags: arrest records, conviction records, disparate impact, disparate treatment, employment decisions, Title VII, employees, HR Allen Consulting Services, Employers, HR Informant, Equal Employment Opportunity Commission
The National Labor Relations Act (NLRA) posting deadline of April 30 is looming. This deadline has not changed even though there is a court case pending that is seeking to strike down this posting requirement.
Employers must comply with the deadline unless the court rules otherwise. At this point, the court has not ruled and therefore the deadline stands.
Effective April 30, most private-sector employers must post the new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act.” Certain industries, such as agriculture, airlines and railroads, as well as some small businesses, are exempt from the NLRA notice requirement.
HR Allen is now selling a convenient all-in-one State and Federal Employment Notices poster with all federal notices for 2012, including the mandatory NLRA notice.
0 Comments Click here to read/write comments
Tags: NLRA poster, employee rights, national labor relations act, NLRA required poster, employees, HR Allen Consulting Services, Employers, NLRB
The California Fair Employment and Housing Commission (FEHC) is proposing amendments to California’s pregnancy regulations (Title 2, CCR secs. 7291.2-7291.16) and disability discrimination regulations (Title 2, CCR secs. 7293.5-7294.1).
The FEHC is seeking public comments on the proposed amendments. Visit the FEHC’s website for more information, including the text of the proposed amendments and the Initial Statement of Reasons:
1 Comment Click here to read/write comments
Tags: employees, Employers, disability discrimination regulations, FEHC, California Fair Employment and Housing Commission, pregnancy regulations
The Equal Employment Opportunity Commission issued its final regulations relating to the Age Discrimination in Employment Act (ADEA) and an important defense available to employers under the ADEA.
0 Comments Click here to read/write comments
Tags: employees, HR Allen Consulting Services, Employers, EEOC, ADEA, Age Discrimination in Employment Act, reasonable factor other than age, RFOA
The California Supreme Court ruled that a school district can be found liable for the acts of its supervisors if the supervisors negligently hired, supervised or retained a school guidance counselor who is alleged to have abused a student.
The case, C.A. v. William S. Hart Union High School, involved specific California statutes related to the liability of public entities. But the overall point is the same: Employers who knew or should have known of an individual’s criminal history or history of violence that poses a threat of injury to others can be liable for the negligent hiring, supervision or retention of that individual.
0 Comments Click here to read/write comments
Tags: Employers, liability, abuse, Criminal history, employee background checks, employment history, hiring investigations, supervisors
As we all know, there was a big push under federal health care reform for plan sponsors to amend health plans for the 2011 plan year.
Though 2012 will not be a year of quite so many changes, there is still work to do to ensure you are in compliance with health care reform measures for the year under the Patient Protection and Affordable Care Act (PPACA).
You will need to add these "to dos" to your 2012 PPACA checklist:
1 Comment Click here to read/write comments
Tags: PPACA, patient protection and affordable care act, plan year 2012, Employers, federal health care reform, health care reform
On March 6, the Labor Commissioner announced filing two lawsuits against three Los Angeles carwash businesses alleging multiple wage theft violations and seeking more than $2 million in unpaid wages, penalties and damages.
As HRWatchdog reported earlier this week, the state Labor Commissioner is making wage theft prevention a top priority.
“We will use every tool available to ensure employees pay their workers what is owed for the labor that is provided. Employers cannot be allowed to reap the benefit from the labor of their workers without providing them with at least the basic pay required by law,” said Labor Commissioner Julie A. Su.
And the Labor Commissioner has more tools available than ever before:
0 Comments Click here to read/write comments
Tags: nonexempt employees, meal period, rest period, violations, wage statement, HR Allen Consulting Services, Employers, HR Informant, wage theft, California Law
As the March 15 corporate tax filing deadline approaches, the California Chamber of Commerce is reminding small businesses to take advantage of the small business health care tax credit. The tax credit is part of the federal 2010 Affordable Care Act.
The credit is worth up to 35 percent of a small business's premium costs (25 percent for tax-exempt employers). In 2014, this rate increases to 50 percent (35 percent for tax-exempt employers).
California small businesses can review the Internal Revenue Service (IRS) guidelines to determine eligibility for the tax credit on the new business-oriented website,www.healthlawguideforbusiness.org. The website offers a “tax credit calculator” that helps employers estimate savings available under the law.
Qualifying for the Credit
To qualify, an employer must have fewer than the equivalent of 25 full-time workers (for example, an employer with fewer than 50 half-time workers may be eligible). A qualifying employer also must pay average annual wages below $50,000.
0 Comments Click here to read/write comments
Tags: tax credit, health insurance, Small business, small business heath care tax credit, small employers, Employers, health care reform
Today, a federal district court for the District of Columbia issued a decision in a lawsuit brought by the National Association of Manufacturers (NAM) challenging the new NLRA posting requirement. The court upheld the posting requirement, but struck down some of the enforcement provisions relating to the new rule.
As previously reported, the National Labor Relations Board (NLRB) decided to require most private-sector employers to post a new notice entitled "Employee Rights Under the National Labor Relations Act." NAM challenged the posting requirement on multiple legal grounds, including arguments that the posting requirement exceeded the NLRB’s authority under the NLRA and that the requirement violated employers’ First Amendment free speech rights.
In the first decision on this issue, the federal court issued a split decision upholding part of the new rule, while overturning other provisions. The court ruled that:
0 Comments Click here to read/write comments
Tags: NLRA poster, new NLRA poster, private sector employers, NLRB posting requirement, employees, HR Allen Consulting Services, Employers