Gordon M. Berger

Gordon M. Berger

FordHarrison

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What’s on the Horizon for U.S. Employers in 2016?

While the upcoming U.S. Presidential election and on-going Congressional gridlock make it unlikely any new federal employment laws will be enacted in the U.S. in 2016, employers can expect federal agencies to continue their...more

4/7/2016 - Ban the Box Class Action Arbitration Waivers Corporate Counsel Criminal Background Checks DOL EEOC Employee Benefits FCRA FLSA Joint Employers LGBT Minimum Salary Minimum Wage Over-Time Sick Leave Wage and Hour Wellness Programs White-Collar Exemptions Young Lawyers

Form M-1 Filings Due March 1, 2016 for MEWAs

Multiple Employer Welfare Arrangements (MEWAs) must file a Form M-1 annually and shortly after inception. The annual Form M-1 filing deadline for the 2015 calendar year is March 1, 2016....more

2/9/2016 - Employee Benefits Filing Deadlines Form M-1 MEWAs

What's on the Horizon for Employers in 2016?

2016 is nearly upon us. While federal employment legislation most likely will not be enacted in the upcoming year, employers can expect federal agencies to continue their efforts to implement the Obama Administration's agenda...more

12/22/2015 - Class Action Arbitration Waivers Corporate Counsel FLSA Home Health Care Joint Employers Minimum Wage Popular Wage and Hour White-Collar Exemptions

EEOC Required to "Conciliate"—However It Sees Fit—Before Suing Employers

In a limited victory for employers, the Supreme Court held last week in Mach Mining, LLC v. EEOC that courts have jurisdiction to review whether the Equal Employment Opportunity Commission ("EEOC") fulfilled its statutory...more

5/7/2015 - Conciliation Discrimination EEOC Judicial Review Jurisdiction Mach Mining v EEOC NLRA SCOTUS Title VII

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued long-awaited proposed regulations addressing what constitutes permissive employer wellness programs. While the EEOC recognizes that many employers...more

4/23/2015 - ADA Affordable Care Act EEOC Employer Group Health Plans Employer Liability Issues ERISA GINA Proposed Regulation Strategic Enforcement Plan Wellness Programs

OCAHO Finds PEO Liable for Near Maximum I-9 Fines for False Employer Attestation Violations: Is Your Business Similarly Exposed?

On January 20, 2015, Judge Ellen Thomas, a federal administrative law judge (ALJ) with the Office of the Chief Administrative Hearing Officer (OCAHO), a division of the Executive Office of Immigration Review within the U.S....more

2/18/2015 - Audits DOJ Employer Liability Issues I-9 ICE OCAHO Sanctions Staffing Agencies

Nothing Personal: How to be Smart About Your BYOD Workplace Policy (And Why It Matters!)

You might think people are making more out of BYOD than it deserves, that it is a relatively benign issue. Alas, you’d be wrong....more

2/6/2014 - Bring Your Own Device Confidential Information FLSA Legal Perspectives Wage and Hour

Legal Alert: MEWA Form M-1 And Final Regulations Released

The Department of Labor ("DOL") recently released a series of final rules affecting health benefits provided through multiple employer welfare arrangements ("MEWAs"). Notably, the 2012 Form M-1 filing deadline has been...more

3/7/2013 - Affordable Care Act Collective Bargaining Deadlines DOL ERISA Form M-1 Healthcare MEWAs Reporting Requirements

Legal Alert: Untangling Healthcare Reform Form W-2 Reporting Requirements for PEOs

With the re-election of President Obama and the Supreme Court's recent decision upholding portions of the Affordable Care Act (the "ACA"), health care reform is here to stay for the foreseeable future. Though limited...more

12/3/2012 - Affordable Care Act Compliance Healthcare IRS Reporting Requirements W-2

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