December 22, 2015
It’s Official: Cadillac Tax Delayed Until 2020
With the new spending bill came welcome news for many employers. On Friday, December 18, 2015, President Obama signed the new tax and spending bill into law. Within the spending bill was a two year delay to the Affordable Care Act’s Cadillac tax provision, and instruction to the Comptroller General to review the benchmark used to determine the value of plans to be taxed
December 11, 2015
House Passes the Ohio Fair Hiring Act
Governor Kasich signed into law the Ohio Fair Housing Act (the “Act”) on Tuesday, December 22, 2015. This means the 90 day clock has begun for employers to review their employment applications to ensure compliance with the Act.
November 30, 2015
DOL Announces Expected Date for Final Rule Raising the Salary Threshold for Exempt Employees
On November 20, 2015, the Obama Administration released its fall 2015 Regulatory Agenda. The Agenda revealed that the U.S. Department of Labor (DOL) has pegged July 2016 as the anticipated date to publish the final rules raising the salary for the Fair Labor Standards Act (FLSA) salary exemptions.
June 26, 2015
U.S. Supreme Court Rules on Same-Sex Marriage
On June 26, 2015, the United States Supreme released its decision in Obergefell, et al. v. Hodges, Director, Ohio Dept. of Health, et al. The Court’s essential message is that state and local governments must permit same-sex couples to marry and must treat same-sex spouses the same as opposite-sex spouses.
June 25, 2015
U.S. Supreme Court Upholds Affordable Care Act…Again
In a 6-3 decision, the Supreme Court sided with the Obama administration and held that individuals who receive health insurance through the federal government’s exchange are still eligible for tax subsidies to help pay for the insurance. While the law remains controversial, the decision removed the final major judicial challenge to the Affordable Care Act (“ACA”).
June 2, 2015
On Your Marks, Get Ready…Stereotype!
On Monday June 1, 2015, in EEOC v. Abercrombie & Fitch Stores [pdf] the United States Supreme Court, addressed the issue of whether an employer can be liable for refusing to hire an applicant or discharging an employee on a “religious observance and practice” if the employer doesn’t have actual knowledge that a religious accommodation is required.
May 29, 2015
DOL Releases Revised FMLA Forms
The U.S. Department of Labor (“DOL”) has released revised model Family and Medical Leave Act (“FMLA”) forms for employers’ use in administering and determining eligible FMLA leave. Under the terms of the Paperwork Reduction Act (“PRA”), the Office of Management and Budget (“OMB”) must review the FMLA forms every three (3) years.
March 20, 2015
FMLA Definition of “Spouse” Expanded
In February, the U.S. Department of Labor, Wage and Hour Division issued a proposed change to the Family and Medical Leave Act’s definition of “spouse” to include all legal same-sex marriages. The regulations are being revised in order to comply with the Supreme Court’s decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (“DOMA”) to be unconstitutional.
January 7, 2015
Department of Labor Expands Protected Classes for Federal Contractors
On December 9, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) under the U.S. Department of Labor published a Final Rule that prohibits federal contractors and subcontractors from discriminating in employment on the grounds of sexual orientation and gender identity.