CBO: $194 billion deficit increase if key ACA subsidies end in 2017

August 16, 2017 - by: HR Hero Alerts 0 COMMENTS

ACA snipby Jennifer Carson

The Affordable Care Act (ACA) requires insurers to offer plans with reduced deductibles, copayments, and other means of cost-sharing to certain people, depending on their income, who purchase plans through the ACA marketplaces. In turn, insurers receive federal payments arranged by the Secretary of Health and Human Services to cover the costs they incur because of that requirement.

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Miscimarra announcement called ‘great loss’ but ‘no reason to panic’

August 11, 2017 - by: Tammy Binford 0 COMMENTS

NLRB logoNational Labor Relations Board (NLRB) Chair Philip Miscimarra’s reported decision to leave the Board when his term expires on December 16 rather than allow himself to be considered for another term has probusiness Board watchers looking ahead and lamenting the loss of his contributions to NLRB decisions.

Kevin C. McCormick, an editor of Maryland Employment Law Letter and chair of the labor and employment section at Whiteford, Taylor & Preston L.L.P. in Baltimore, said he was surprised by the news. He called Miscimarra’s coming departure a “great loss” but “no reason to panic.”

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New bill latest effort to tackle definition of joint employment

July 28, 2017 - by: Tammy Binford 0 COMMENTS

NLRB logoThe definition of “joint employment” may be heading for another turnaround. Legislation introduced in Congress on July 27 takes aim at a 2015 National Labor Relations Board (NLRB) decision that raised the ire of many in the business community, especially employers that work with franchisees, contractors, and staffing agencies.

The NLRB’s 2015 Browning-Ferris decision broadened the joint-employment standard so that a business that exercises only indirect control over another employer’s workers still can be considered a joint employer for purposes of collective bargaining. The new bill introduced in the House—dubbed the Save Local Business Act—seeks to clarify the joint-employment standard and provide relief to businesses that are in a relationship with another employer.

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DOJ says Title VII doesn’t apply to sexual orientation discrimination

July 27, 2017 - by: HR Hero 0 COMMENTS

Sexual orientation flag snipThe U.S. Department of Justice (DOJ) has filed an amicus (friend-of-the-court) brief in a case in which an employee claims his employer violated Title VII of the Civil Rights Act of 1964 by discriminating against him based on his sexual orientation.

The DOJ’s brief asserts that Title VII’s prohibition of sex discrimination does not extend to discrimination based on sexual orientation. The DOJ’s position is in stark contrast to the position taken by the Equal Employment Opportunity Commission (EEOC), which says discrimination based on sexual orientation or transgender status constitutes sex discrimination in violation of Title VII.

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DOL seeking feedback on long-debated overtime rule

July 25, 2017 - by: Tammy Binford 0 COMMENTS

Overtime snipEmployers will get the opportunity to offer feedback on changes to the regulation governing which workers are eligible for overtime pay after the U.S. Department of Labor (DOL) publishes a Request for Information (RFI) in the Federal Register on July 26.

On July 25, the DOL announced it would publish the RFI and released a preliminary copy. The RFI is the latest action on a rule issued in May 2016 during the Obama administration. Implementation of the rule would have added approximately 4.2 million employees to the ranks of workers eligible for overtime pay of at least 1½ times their regular rate of pay for hours worked in excess of 40 in a workweek.

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Get ready to switch to another revised I-9

July 14, 2017 - by: HR Hero 0 COMMENTS

Immigration snipOn July 17, U.S. Citizenship and Immigration Services (USCIS) will release a new revision of Form I-9—Revision 07/17/17 N—to be used for employment eligibility verification. The new form is available on the USCIS’s website.

Employers will need to use the new version of the form beginning September 18.

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Texas Supreme Court balks at extending spousal benefits to same-sex couples

by Jacob Monty
Monty & Ramirez, LLP

The Texas Supreme Court ruled this week that the City of Houston’s extension of its employee benefits to married same-sex couples goes further than is required by the 2015 U.S. Supreme Court’s landmark decision in Obergefell v. Hodges, which declared same-sex marriage equal in all 50 states. The plaintiffs in Friday’s decision argued that Obergefell didn’t impose on taxpayers the obligation to “subsidize” same-sex marriage. The city argued that the Supreme Court ruling requires it to treat employees in same-sex marriage equally.

In what same-sex marriage opponents are calling a victory, the Texas Supreme Court sent the case back to the lower court for arguments to be made in light of Obergefell, which was announced only after the parties had briefed the case in the lower court. The court stated: read more…

DOL drops defense of overtime rules

June 30, 2017 - by: HR Hero 0 COMMENTS

by Susan Prince, JD, MSL

The U.S. Department of Labor (DOL), headed by new Secretary of Labor Alexander Acosta, has decided not to defend the overtime rules finalized under the Obama administration. Instead, the DOL will seek to begin a new rulemaking process, likely with a lower salary threshold for overtime exemptions.

Background

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Emanuel nomination called chance to ‘rein in’ Obama-era NLRB

June 29, 2017 - by: Tammy Binford 0 COMMENTS

President Donald Trump’s latest pick for the National Labor Relations Board (NLRB) is another signal that a “reining in” of the panel is on the way, according to attorneys who keep a close watch on the Board.NLRB logo

On June 27, the White House announced that William J. Emanuel, an attorney with the large management-side law firm Littler Mendelson, will be nominated for the remainder of a term expiring on August 27, 2021.

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Kaplan nomination called way to ‘stop the bleeding’ at NLRB

June 22, 2017 - by: Tammy Binford 0 COMMENTS

NLRB logoPresident Donald Trump’s announcement that he will nominate Marvin Kaplan, currently chief counsel of the Occupational Safety and Health Review Commission, to one of two vacant seats on the National Labor Relations Board (NLRB) is being hailed by probusiness interests as a way to bring balance to the Board.

Kevin C. McCormick, an editor of Maryland Employment Law Letter and attorney with Whiteford, Taylor & Preston L.L.P. in Baltimore, called the nomination “a smart move” by the Trump administration because Kaplan has the “pedigree” needed for confirmation to and service on the Board.

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