Employer Mandates

Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide... more +
Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide minimum essential insurance coverage to their employees or else pay statutory penalties. The concept of an employer mandate is not unique to the Affordable Care Act; many EU countries have their own versions with different and/or expanded employer obligations.  less -
News & Analysis as of

DOL Issues Final Rule Amending FMLA Definition of “Spouse” to Include Same-Sex Marriages

The U.S. Department of Labor has issued a final rule amending the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”). We earlier reported on the DOL’s proposed rule to this effect, which is now...more

DOL Extends FMLA Leave to More Same-Sex Couples

On February 23, 2015, the U.S. Department of Labor (“DOL”) published a final rule amending the definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to include all individuals in legal marriages. This new...more

OSHA Issues Controversial Procedures to Deal with New Reporting Requirements

As most employers are aware, OSHA’s new reporting requirements took effect January 1, 2015. Now, OSHA must be notified anytime there is a workplace fatality, an in-patient hospitalization, an amputation, or an eye loss. These...more

New Protections for Pregnant Employees Set to Take Effect in the District of Columbia

Employers in the District of Columbia will soon be required to provide reasonable workplace accommodations to employees whose ability to perform the functions of their positions are limited as a result of pregnancy,...more

Permissible Discrimination in Health Benefits

The intense regulation of health care benefits, especially with respect to the Affordable Care Act, has created much confusion among employers. As a result, many employers do not understand that they may offer different...more

The Tip Credit: Won't Be What It Is Now for New York Employers

On February 24, 2015, the Commissioner of Labor accepted the recommendation of the New York State Department of Labor's (NYSDOL) Wage Board (the "Wage Board") for a 50 percent increase in the minimum hourly rate for tipped...more

Connecticut DOL Issues Guidance and Poster Addressing Amendments to Paid Sick Leave Law

With the enactment of the amendments to the Connecticut Paid Sick Leave Act, the Connecticut Department of Labor issued an updated guidance, along with an updated poster, for employers. The amendments, which became...more

New York Department of Labor Increases Minimum Tipped Wages

On February 24, 2015, the Acting Commissioner of the New York State Department of Labor adopted the recommendations set forth by the three-member New York State Department of Labor Wage Board affecting tipped workers in the...more

DOL Extends FMLA Protection to Same-Sex Spouses

The U.S. Department of Labor (DOL) recently issued a final rule amending its definition of “spouse” under the Family and Medical Leave Act (FMLA) to extend FMLA protection to legally married employees with same-sex spouses,...more

Worker Classification Impacts ACA Excise Tax

A reminder to employers who are now calculating whether or not they are an “applicable large employer” for purposes of the shared responsibility payment effective this year under the Affordable Care Act. The Act considers all...more

IRS Issues Final Forms for Affordable Care Act Reporting

The Internal Revenue Service has finalized the forms and instructions for reporting information necessary for enforcement of the individual and employer mandates under sections 6055 and 6056 of the Internal Revenue Code. The...more

Department of Labor Expands FMLA Coverage for Same-Sex Spouses

Same-sex spousal rights, particularly in the area of employment law, are in a state of flux. This conundrum will hopefully be resolved later this year when the U.S. Supreme Court issues a ruling on a collection of four cases...more

Limited Transition Relief Provided for Employer Payment Plans

The Internal Revenue Service (IRS) recently issued additional guidance (Notice 2015-17) addressing the treatment of arrangements whereby an employer reimburses an employee for some or all of the premium expenses incurred for...more

DOL Expands FMLA Rights for Same-Sex Spouses

On February 25, 2015, the U.S. Department of Labor’s Wage and Hour Division (DOL) published a final rule to revise the Family and Medical Leave Act of 1993’s (FMLA) definition of “spouse,” expanding FMLA leave to employees...more

ACA Countdown to Compliance - 52 Week Series For Employers

In this volume, we have collected the 52 weekly blog posts that comprise the series entitled, The Affordable Care Act—Countdown to Compliance for Employers. The series appeared in the Mintz Levin Employment Matters Blog...more

Proposed Regulations for Summary of Benefits and Coverage Seek to Simplify Compliance

As part of Health Care Reform, employers and insurers are required to provide group health plan participants with a Summary of Benefits and Coverage (“SBC”) describing the important features of the group health plan option(s)...more

Employers Must Consult Both State And Federal Law To Ensure Their Meal And Rest Period Practices Are Legally Compliant

A series of recent federal and state court decisions provide a mixed bag for employers on the issue of mandatory meal periods. On the one hand, these decisions support an employer’s ability to provide meal periods to its...more

On Premises, On-Call Time Compensable; Sleep Time Not Excluded

Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS Security Solutions, Inc. held that security guards were entitled to...more

New York amends Wage Theft Prevention Act: action steps for employers

Effective February 27, 2015, a number of noteworthy amendments to New York’s Wage Theft Prevention Act (WTPA) go into effect. By way of background, the WTPA is designed to prevent employers from failing to pay workers’ wages...more

Fenwick Employment Brief - February 2015

On Premises, On-Call Time Compensable; Sleep Time Not Excluded - Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more

Get Ready! DC’s Protecting Pregnant Workers Fairness Act Currently Expected To Take Effect On March 3, 2015

The District of Columbia recently joined twelve other states that have enacted laws requiring employers to accommodate certain limitations associated with pregnancy. The Protecting Pregnant Workers Fairness Act (the “Act” or...more

Philadelphia Becomes 17th City to Require Paid Sick Leave for Privately Employed Workers

Despite vetoing similar proposed ordinances in 2011 and 2013, Philadelphia Mayor Michael Nutter signed the City Council’s February 12, 2015, “Promoting Healthy Families and Workplaces” Ordinance (Ordinance or Law). ...more

ACA Issues for Employers to Stay Aware of in 2015

With the Affordable Care Act's Employer Mandate (Pay-or-Play penalties) now officially in effect, employers with 50 or more full-time or full-time-equivalent employees should have already made all significant changes to their...more

Philadelphia Enacts Paid Sick Leave Ordinance

On February 12, 2015, the Philadelphia City Council passed, and Mayor Michael A. Nutter promptly signed into law, the Promoting Healthy Families and Workplaces Ordinance ("Ordinance")....more

Philadelphia Mandates Paid Sick Leave for Employees

On February 12, Philadelphia Mayor Michael Nutter signed into law the Promoting Healthy Families and Workplaces Act (the Act), which requires most employers to provide paid sick leave to their employees. The law takes effect...more

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