With historically low unemployment rates, attracting and retaining top talent can be a challenge for employers. To distinguish themselves from the pack, many companies are considering tuition assistance programs to both develop their workforce and as a benefit to attract and retain talented employees. Although the offer of student loan assistance might give you a
Employee Benefits
You Get Paid Leave! And You Get Paid Leave! USERRA Gets You Paid Military Leave!
The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the Seventh Circuit’s similar holding in White v. United Airlines, Inc. In Travers v. Federal Express Corporation, Gerard Travers sued his employer, FedEx,…
We Got the PPP Loan — What Do We Do Now?
So, you are one of the fortunate ones who received a payment from the government for the Paycheck Protection Program (PPP) – how do you get that loan amount forgiven? The quick answer is that you need to use at least 75% of the loan to pay employees, meeting the PPP’s goal to keep as…
Update: The Families First Coronavirus Response Act Is Signed Into Law and Will Take Effect April 2, 2020
Wednesday afternoon, the Senate passed the Families First Coronavirus Response Act, and President Trump signed it into law. The act contains several provisions that will significantly impact employers with fewer than 500 employees.
If this applies to you, your obligations become effective no later than April 2, 2020 – 15 days from the date of…
Six FLSA Resolutions for the New Year
With the minimum guaranteed salary requirement for the most common Fair Labor Standards Act exemptions being raised from $23,660 to $35,568, effective January 1, 2020, under a final rule issued by the U.S. Department of Labor (DOL), now seems like an opportune time to review some of the FLSA requirements so often unintentionally tripped over…
Treat Dad Fairly, Too: JPMorgan Chase Settles Claims of Gender Bias in Parental Leave Program
In May, JPMorgan Chase entered into a class action settlement regarding allegations that it treated male employees differently than female employees under the company’s parental leave program. On its face, the terms of the program appeared to be gender-neutral: 16 weeks of paid leave for “primary caregivers” and two weeks of paid leave for “secondary…
Federal Agencies Announce Plan B for the Contraceptives Mandate
The triumvirate of federal agencies (HHS, DOL, IRS) responsible for enforcing the Patient Protection and Affordable Care Act (the ACA, often called Obamacare) released final interim rules significantly expanding exceptions from what has become known as the “contraceptives mandate.” This mandate, which has been the subject of extensive and ongoing litigation and political debate, will…
What Employers Can Expect from the New Administration – Part 2: Immigration, the Affordable Care Act & Social Issues
In our second in a three-part series on what to expect from the Trump administration, we discuss immigration policy and the Affordable Care Act (ACA), as well as what may be in store for parental leave, marriage equality and transgender bathrooms.
1. Immigration
During the campaign, Mr. Trump signaled that his administration would take a…
Should Your ERISA Plan Have a Forum Selection Clause?
With relatively few exceptions, administrators of employee benefit plans covered by the Employee Retirement Income Security Act (ERISA) have enjoyed success enforcing forum selection clauses in cases across the country. As such, employers should consider implementing a forum selection clause in their plans like the following:
Restriction on Venue. A participant or beneficiary shall…
Check Your Neutral Policies: The EEOC Joins the ACLU’s Challenge to Dignity Health’s Exclusion of All Care Related to Sex Transitions as Sex Discrimination
The ACLU filed a complaint against Dignity Health, claiming that the total exclusion of care related to “sex transformation surgery” in Dignity’s employee health insurance plan is unlawful sex discrimination. Now the EEOC wants a piece of the action and is seeking permission to file an amicus brief urging the California federal court not…