Employment Law This Week®: ACA Marketplace Notices, Payroll Card Regulations, Medical Marijuana, Uber’s Arbitration Agreements

by Epstein Becker & Green
Contact
We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode!

This week’s stories include ...

(1) ACA See more +

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode!

This week’s stories include ...

(1) ACA Marketplace Notices Sent to Employers

Our top story: A health care tax credit for employees can lead to penalties for employers. The federal Health Insurance Marketplace is notifying employers when their employees obtain Marketplace coverage and qualify for subsidies to help lower their premiums or deductibles. This situation can happen if the employer offers health insurance coverage that is inadequate under the Affordable Care Act (ACA), or if the business doesn’t offer coverage at all. Employers must either pay a penalty or file an appeal on the matter. Chris McMican, from Epstein Becker Green, has more.

“When they receive a notice like this, the employer should determine if the notice is accurate and whether or not it should be appealed. So, for example, if the employer believes that the individual was not its employee or if maybe the employee was provided with the required health insurance coverage offering at the right price, then this might provide grounds for an appeal for the employer. . . . In that appeal, there’s a specific form to follow, and the employer should be aware that this is an appeal to the Marketplace, not necessarily the IRS, which is a later step if the tax is going to be formally assessed.”

(2) New Regulations on Payroll Cards in New York

New York State is cracking down on payroll cards. The Empire State recently rolled out new regulations on payroll cards, which are used by an estimated 200,000 workers in the state and often carry hidden fees and penalties. The new regulations limit the fees associated with the cards and require employers to provide workers with a written notice explaining their rights. Employers must also list the locations of fee-free ATMs near where employees work or live. Employers cannot pass along the cost of the cards to workers or receive kickbacks from the use of the cards.

(3) Ohio’s Medical Marijuana Law Goes Into Effect

This month, Ohio became the 26th state (plus the District of Columbia) to legalize marijuana in some capacity. The law addresses many employment issues head-on, stating that employers are not required to permit the possession of medical marijuana in the workplace or accommodate the use of marijuana. The law also makes clear that an employer can terminate or choose not to hire someone based on medical marijuana use. Employers in the state will want to be aware of the law, but the law shouldn’t require any major policy adjustments.

(4) Ninth Circuit Reinstates Uber’s Arbitration Agreements

The U.S. Court of Appeals for the Ninth Circuit finds that Private Attorneys General Act (PAGA) waivers can be severed from agreements. Arbitration agreements between Uber and its employees are enforceable once again, after the Ninth Circuit largely overturned a district court’s ruling. The lower court held that the agreements were void based on public policy because they contained a PAGA waiver. On appeal, the Ninth Circuit found that the PAGA waivers could be severed from the agreements and that the rest of the agreements were still enforceable.

(5) Tip of the Week

Will Hansen, Senior Vice President of Retirement Policy for The ERISA Industry Committee (ERIC), is here with some advice on preparing a benefits program in advance of the U.S. Department of Labor’s overtime rule.

“The Department of Labor’s final rule increasing the overtime exemption threshold to $47,476 will not only have an impact on the wages an employee receives, but also the benefits that they receive. In advance of these changes taking effect on December 1, it’s important for companies to review their benefit programs. First, they should determine whether there will be any increase or decrease in the overtime wages provided, as well as an increase or decrease in salaried over hourly employees. Next, they should examine the financial impact any change in their workforce will have on the company. . . . Lastly, the company should look at other benefits, such as paid sick leave or commuter transit benefits to see if there will be a change in participation which would have an impact on costs.” Click here, for more on ERIC: http://bit.ly/2ccCXMH

See less -

Embed
Copy

Other MultiMedia by Epstein Becker & Green

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Epstein Becker & Green | Attorney Advertising

Written by:

Epstein Becker & Green
Contact
more
less

Epstein Becker & Green on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!