Recent Blog Posts
- Health Plan Sponsors Welcome Repeal of Cadillac Tax: Opportunities and Uncertainty Lie Ahead – SECURE Act Series Sponsors of health plans have long known that the only constant in life is change. In 2020, that is surely to remain true.
Ding-Dong! The Cadillac Tax Is Dead!
On December 20, 2019, as part of the year-end appropriations bill, the Affordable Care Act’s (ACA) so-called 40% “Cadillac Tax” on high-cost health plans was finally, after much lobbying and other efforts by sponsors and health care payers, put to an end with a full repeal. The “Cadillac Tax” was currently scheduled to... More
- Mandatory Severance on the Horizon Under Proposed Amendments to NJ Warn Act A bill to amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, also commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), which the New Jersey Senate passed on December 16, 2019, if enacted, will create significant financial liability for covered New Jersey employers that undergo a mass layoff, or a transfer or termination of operations, by requiring the employer pay severance to both full-time and part-time employees.
The NJ Warn Act, enacted in 2007,... More
- NLRB: Position on Confidentiality of Workplace Investigations Is Reversed Our colleague Steven M. Swirsky at Epstein Becker Green has recently published a post on the Management Memo blog that will be of interest to our readers in the health care industry: “NLRB Reverses Position on Confidentiality Concerning Workplace Investigations – Holds That Confidentiality Requirements Are Presumptively Lawful.”
Following is an excerpt:
The National Labor Relations Board, in its December 17th decision in Apogee Retail LLC d/b/a Unique Thrift Store, has reversed its prior rule and held that employer requirements that employees treat workplace investigations as confidential are “presumptively lawful.” ... More
- New Jersey Bans Discrimination Based on Hair On December 19, 2019, New Jersey enacted legislation amending the New Jersey Law Against Discrimination (“NJLAD”) to add a definition for “Race” – which has always been a protected category under the NJLAD – and for the term “Protective hairstyle.” The Amendment, referred to as the “CROWN Act” (short for “Create a Respectful and Open Workspace for Natural Hair Act”), amends the NJLAD to add the following to the statute’s list of definitions:
“Race” is inclusive of traits historically associated with... More
- Puff, Puff, Passed: 2019 Marijuana Laws in Review and 2020 Projections With 2019 nearly rolled up, it is time to exhale and recap the latest dose of marijuana laws affecting the workplace. In the last twelve months, Illinois became the eleventh state to legalize recreational marijuana use by adults and several other jurisdictions passed or modified their existing laws governing marijuana and the workplace. Below is a summary of this year’s developments and some thoughts about what 2020 might bring.
Illinois Legalizes Recreational Marijuana Use
On June 25, 2019, Governor Pritzker signed the... More
- Proposed Rule to Scale Back 2014 Expedited Election Rules Issued by the NLRB Our colleague Steven M. Swirsky at Epstein Becker Green has recently published a post on the Management Memo blog that will be of interest to our readers in the health employment and labor services industry: “NLRB Issues Proposed Rule to Scale Back 2014 Expedited Election Rules.”
Following is an excerpt:
The National Labor Relations Board (“Board” or “NLRB”) has announced that it is publishing proposed changes to its Rules and Regulations that will begin to reverse the Board’s 2014 changes, which took effect in 2015, to its representation election... More
- ERISA Investment Fiduciaries Being Monitored Our colleague Sharon L. Lippett at Epstein Becker Green has recently published a post on the Financial Services and Employment Law blog that will be of interest to our readers in the health employment and labor services industry: “Monitoring ERISA Investment Fiduciaries.”
Following is an excerpt:
Fiduciaries of employee benefit plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) that appoint investment managers (“Appointing Fiduciaries”) will be interested in the opinion of the U.S. District Court for the Western... More
- NJ Department of Labor Adopts Regulations on Suspension and Revocation of Employer Licenses Continuing New Jersey’s efforts to eliminate and to hold employers accountable for employee misclassification, the state’s Department of Labor and Workforce Development (NJDOL) recently adopted Regulations implementing a 2010 law (“Law”) that empowers the NJDOL Commissioner (“Commissioner”) under certain circumstances to direct the suspension or revocation of one or more licenses held by an employer who has failed to maintain and report required State wage, benefits and tax records or who has failed to pay wages, benefits, taxes or other... More
- NJ Division on Civil Rights Issues Guidance on Illegal Discrimination Based on Hair In September 2019, the New Jersey Division of Rights (“DCR”) issued enforcement guidance (“Guidance”) clarifying and explaining how the DCR applies the state’s Law Against Discrimination (“LAD”) to discrimination based on hairstyles, particularly with respect to those “closely associated with Black people.” The Guidance states that the LAD’s prohibition on discrimination based on race encompasses discrimination that is ostensibly based on hairstyles that are inextricably intertwined with or closely associated with race and therefore prohibits employers from refusing to hire... More
- State Updates Website on Employer Reporting for New Jersey Health Insurance Mandate—Again As discussed in our March 28, 2019 blog post, New Jersey adopted its own individual health insurance mandate, the New Jersey Health Insurance Market Preservation Act (“NJHIMPA”). The NJHIMPA requires, with certain qualifying exemptions, New Jersey residents to have minimum essential health coverage. New Jersey employers must verify health coverage information provided by individuals. To assist with employer reporting, New Jersey launched an official website with guidance on the filing requirements.
Recent updates to the official website, which was lasted updated... More