Labor & Employment Health

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DOL's Companionship Rule Gets the One-Two Punch

Employers of companionship and domestic employees can breathe a little easier, now that a court has set aside major portions of a rule that may have required that such employees receive the minimum wage and overtime under the...more

The Companionship Exemption Remains: D.C. District Court’s Most Recent Decision in Home Care Association of America v. Weil Marks...

On January 14, 2015, Judge Richard J. Leon of the D.C. Federal District Court issued another favorable opinion for home care employers by vacating a Department of Labor regulation that would have narrowed the definition of...more

Caution: Big Penalties for Reimbursing Health Care Premiums

Even if you are a small employer who is not required to provide your employees with health insurance under the Affordable Care Act (ACA), if you reimburse your employees for health insurance premiums, you run the risk of...more

Federal Judge Invalidates DOL's Revised Definition of Companionship Services

In the January 2 edition, EmployNews reported that a federal district court in Washington vacated provisions of new Department of Labor regulations that would have excluded employees of companies providing elder care services...more

D.C. Court Strikes Down Two USDOL Regulations and Restores Full “Companionship Exemption” Under the FLSA

In a victory for Home Care employers, the U.S. District Court for the District of Columbia issued consecutive decisions which struck down two regulations issued by the U.S. Department of Labor (“USDOL”) that would have...more

EPA’s Recently Released Revised Human Health Risk Assessment for Chlorpyrifos Reflects New Implementation of EPA Policy

The spray drift and volatilization policies were discussed in an October 2014 webinar and discussed in our September 17, 2014, memorandum. EPA’s Revised Risk Assessment Methods for Workers, Children of Workers in Agricultural...more

Administration Issues Proposed Rules on ACA Summary of Benefits and Coverage, Excepted Benefits/Wraparound Coverage

On December 30, 2014, the Internal Revenue Service (IRS), the Employee Benefits Security Administration (EBSA), and the Centers for Medicare & Medicaid Services (CMS) published a proposed rule that would revise Affordable...more

Small Nonprofit? Get the Credit You Deserve!

In March 2010, the Affordable Care Act was enacted to encourage small businesses and tax-exempt organizations to offer health insurance to their employees for the first time or continue the health care coverage they already...more

Health Headlines: Also in the News - January 2015 #2

House Passes Bill to Redefine Full-Time Employee Under ACA – On January 8, 2015, the House of Representatives in a 252-172 vote approved a bill that would redefine a full-time worker under the ACA employer mandate from one...more

Court Vacates DOL’s New “Companionship Services” Definition

On January 14, 2015, the court in Home Care Association of America v. Weil vacated the U.S. Department of Labor’s (DOL) regulation narrowing the definition of “companionship services” under the Fair Labor Standards Act...more

U.S. Supreme Court to Decide Fate of Same-Sex Marriage Laws

It was announced today that the U.S. Supreme Court will consider two important questions relating to same-sex marriage–whether states are required to allow same-sex marriages within their jurisdictions, and whether states are...more

Department of Labor regulations narrowing companionship care definition vacated

In a second decision in the case challenging federal Department of Labor regulations relating to the Fair Labor Standards Act’s (FLSA) companionship care exemption, the US District Court for the District of Columbia vacated...more

Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned

A federal court has invalidated the U.S. Department of Labor's ("DOL") amended rule that would have extended minimum wage and overtime protections to nearly two million home health care workers and affected the cost and...more

Judge Vacates Parts of USDOL Home-Care Regulation

A federal judge has scuttled key aspects of the U.S. Department of Labor's rule that would have extended the federal Fair Labor Standards Act's minimum-wage and overtime requirements to many home care workers starting January...more

EEOC to Offer Guidance on Wellness Programs

The Equal Employment Opportunity Commission (EEOC) recently announced it will soon issue guidance on EEOC compliance when encouraging employees to participate in employer-sponsored wellness programs. The guidance — to be...more

"Back to Where We Started: Federal Court Vacates U.S. Department of Labor Companionship Exemption Rule"

Judge Richard Leon of the U.S. District Court for the District of Columbia has just vacated a section of the U.S. Department of Labor’s regulations that would have significantly limited the type of work that qualifies as...more

A Reminder for Small Businesses in Need of a Tax Credit

Although the Patient Protection and Affordable Care Act does not require small businesses to purchase group healthcare insurance for their employees, there is a tax credit available if they choose to do so. Specifically, a...more

Manatt on Health Reform: Weekly Highlights: January 2015 #2

This week’s highlights include movement in states’ Marketplace and Medicaid leadership positions; Idaho takes a hard look at Medicaid expansion, and federal officials help Marketplace enrollees prepare for the 2014 tax...more

Employing Veterans May Help Avoid the ACA’s Employer Mandate

The new Republican Congress began its session with an attempt to narrow the Affordable Care Act’s (ACA) employer mandate by exempting certain veterans and their families from counting toward the number of employees at small...more

Changes in California Employment Law for 2015

As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: - Mandatory Paid Sick Leave - Protections Against Discrimination and...more

Obama Administration Seeks Comments on Proposed Changes to Summary of Benefits and Coverage Document and Requirements

On December 30, 2014, the Departments of Health and Human Services, Labor, and the Treasury (collectively, “Departments”) issued a proposed rule (“Proposed Rule”) regarding the summary of benefits and coverage (“SBC”) for use...more

Want to Reimburse Your Employees for Healthcare Coverage?

Fine, but make sure that you do so correctly. Many employers prefer to reimburse employees for healthcare insurance premiums rather than hassle with providing coverage under a group healthcare plan. In so doing, these...more

Health Law Alert: Medical Staff Bylaws can be an Enforceable Contract—Implications of the Recent Minnesota Supreme Court Decision

On Dec. 31, 2014, the Supreme Court of Minnesota issued its long-awaited decision in Medical Staff of Avera Marshall Regional Medical Center v. Avera Marshall. This case has drawn national attention, addressing the unanswered...more

EAPs That Meet Four Requirements May Avoid Application of Health Care Reform

Benefits provided through an employee assistance program (“EAP”) may be considered group health plan coverage, which would subject the EAP to the health care reform requirements mandated by HIPAA and the Health Care Reform...more

Heads Up – The ACA Employer Mandate Is Now In Effect: Beware of Actions that Could Result in ACA Whistleblower Liability

Effective January 1, 2015, certain employers became subject to the employer mandate of the Patient Protection and Affordable Care Act (ACA), and thus subject to liability under the ACA Employer Shared Responsibility...more

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