The IRS has recently issued guidance on how qualified retirement plans (such as 401K plans, profit sharing plans, defined benefit pension plans and 403B plans) should apply the Supreme Court’s 2013 Windsor decision, which ruled that same-sex marriages must be...

The HIPAA Privacy Rule went into effect in April 2003 and requires covered entities to provide a HIPAA Notice of Privacy Practices. For employers that sponsor a group health plan, this communication is typically provided in open enrollment packets.Covered entities are...

Generally speaking, the Fair Labor Standards Act places no limit on the number of hours or days that an employee age 16 or older may be required to work. In many private-employer environments, exempt employees are expected to work a minimum of 40 hours per week and to...

Beginning January 1, 2015, under the shared responsibility provisions of the Patient Protection and Affordable Care Act (PPACA), all employees with an average of 30 or more hours of service per week or 130 hours of service per month must be eligible for affordable...

Responding to Social Security Number Mismatches: Threading the Needle between Discrimination and Employment-Eligibility Liability Written: March 7, 2012By Doug HassWith the spring and summer fast approaching, many employers will start hiring additional employees and...

Question:I have an employee who I think has a mental disorder. I know she is having a tough time at home with some personal issues, and I think she is suffering from clinical depression. She seems distracted at work and sometimes we notice her crying at her desk. How...

President Obama has proposed expanding the availability of overtime pay, directing the Labor Department to do its first overhaul of Fair Labor Standards Act (FLSA) regulations in 10 years.The president signed a memorandum on March 13, 2014, instructing the Labor...

The EEOC: Looking Back on 2013, What to Expect in 2014 In December, 2013, the U.S. Equal Employment Opportunity Commission released its Performance and Accountability Report for fiscal year 2013. The last year was filled with challenges for the agency, from financial...

On February 11, 2014, the IRS released final regulations implementing the employer shared responsibility provisions of the Affordable Care Act, also known as the “employer mandate” and “play-or-pay” requirement. In this article, we summarize some of the most salient...

Q: One of my employees has been spoken to about his diminished job performance. The employee opened up and stated the change in work output is due to a diagnosis of depression. We have given the employee a week off; can we obligate the employee to take a medical leave...

The Department of Treasury announced on February 10 that businesses with 50 to 99 full time equivalent employees will not face a tax penalty under the Employer Mandate provision of the Affordable Care Act (ACA) as a result of not providing health care coverage to...

President Obama announced that in the next few weeks, he will sign an executive order raising the minimum wage for workers covered by new federal contracts to $10.10 an hour. This increase will be very limited in scope; it will only apply to employees who would...

On January 22, 2014, the Office of Management and Budget (OMB) approved the OFCCP's disability status form, which will be used by federal contractors.  Revised regulations under the Rehabilitation Act will require federal contractors to invite applicants and employees...

Keeping employees safe at work is a top concern for small business owners, according to a survey sponsored by Employers Holdings, a national holding company for workers’ compensation insurance carriers.Workplace safety risks were cited as the source of greatest worry...

As the new year is getting under way, employers should consider placing these developing issues at the top of their to do list:Social Media PoliciesEmployers should consider reviewing and updating social media policies in light of recent legislation and litigation....