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OSHA Issues Emergency Standards for COVID-19 Testing and Vaccination in the Workplace

On November 4, 2021, the Occupational Health and Safety Administration (“OSHA”) issued its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) imposing requirements pertaining to...more

U.S. Supreme Court Affirms Constitutionality of the Affordable Care Act (a Third Time)

Soon after the Affordable Care Act (“ACA” or the “Act”) was passed in 2010, its critics initiated the first major legal effort to strike down the entire law as unconstitutional. That case, National Federation of Independent...more

HHS Announces that It Will Interpret the ACA and Title IX to Prohibit Discrimination on the Basis of Sexual Orientation and Gender...

On May 10, 2021 the U.S. Department of Health and Human Services (HHS) announced that Section 1557 of the Affordable Care Act and Title IX’s prohibitions on discrimination based on sex include discrimination on the basis of...more

The Supreme Court’s Landmark Decision on LGBTQ Rights and What it Means for Employers

On June 15, 2020, the U.S. Supreme Court issued its long-awaited decision in Bostock v. Clayton County and two related cases that presented the same issue: whether employment discrimination on the basis of an individual’s...more

Employer-Provided Health Coverage During the Reign of COVID-19

Over the past several weeks, human resources and employee benefits professionals (and their attorneys) have been scrambling to assemble staffing plans, telework arrangements and strategies for complying with the paid leave...more

Coronavirus and Employment Law: Identifying the Gray Areas

As businesses scramble to develop their plan for the weeks ahead, it’s important to identify aspects of the Families First Coronavirus Response Act (“Response Act”) and related laws that are unclear at this point....more

A Numerical Guide to Coronavirus-Related Requirements for Employers

It has been a dizzying few weeks for anyone trying to keep up with the steady stream of government directives and related information involving COVID-19. The Families First Coronavirus Response Act (“Response Act”), Governor...more

New FLSA Compliance Landmine: Beware Bonuses Paid by Third Parties to Your Employees!

For decades, federal wage and hour regulations have required that non-discretionary bonuses paid to employees be included in the recipients’ “regular rate” for purposes of calculating their overtime premiums.  In other words,...more

Recent Guidance Interprets Pennsylvania Human Relations Act to Protect LGBTQ Community

Perhaps the most significant EEO issue percolating through the federal court system right now is whether Title VII’s prohibition against sex discrimination encompasses discrimination on the basis of sexual orientation and...more

DOL Opinion Letter Addresses Whether Employees Must Be Paid for Wellness Activities

Over the past fifteen years, wellness programs have generated more than their fair share of litigation and regulatory scrutiny – primarily over the issue of whether they comply with the Americans with Disabilities Act. ...more

Pennsylvania Court Addresses Individual Liability Under COBRA (and How to Avoid it)

With increasing frequency, when employees sue their employer or former employer, they also name individual managers or the company’s owners as defendants in their suit. ...more

Doing Business Across State Lines in 2018: A Quick Look at New Employment Law Requirements in Neighboring States

Keeping up with compliance requirements under Pennsylvania and federal laws can be challenging enough; however, for Pennsylvania employers that do business in multiple states, the compliance burden can grow exponentially. It...more

Pennsylvania Court Decision Highlights the “Do’s and Don’ts” of Paying Non-Exempt Employees on a Salary Basis

Under the Fair Labor Standards Act (“FLSA”), employers are permitted to pay non-exempt employees a fixed salary to cover straight-time earnings for all hours worked in a week, provided several conditions are met...more

Recent Pennsylvania Court Decision Highlights Enforceability of Non-Solicitation Agreements

Every year, Pennsylvania’s appellate courts seem to issue a handful of decisions addressing the enforceability of non-compete agreements. However, there are relatively few court decisions addressing non-solicitation...more

IRS Addresses Health Coverage Opt-Out Payments Under the Affordable Care Act

As the cost of providing health coverage increased over the past fifteen years, many employers began to offer employees cash payments if they “opted out” of coverage. Some expected that the Affordable Care Act (ACA) would...more

Fraud Alert: Computer Hackers Target HR and Payroll Departments – Guard Your W-2s!

Have you by chance recently received an email from your company’s CEO requesting copies of employee W-2 forms? If so, don’t respond without first verbally confirming that the request is legitimate. Several of our clients in...more

3/18/2016  /  Data Breach , Email , Fraud , IRS , Tax Fraud , Tax Returns , W-2

The Increasingly Complex Law of Wellness Program Incentives

Case Study. A manufacturer wants to promote better health among its workforce by implementing a wellness program. Trying to keep it simple, the employer tells employees that they will receive a $50 per month credit toward...more

Implementation of ACA’s Controversial “Cadillac Tax” Delayed Until 2020

Among the many requirements imposed by the Affordable Care Act, none are more controversial than the excise tax to be imposed on expensive health plans. This provision of the law, commonly known as the “Cadillac Tax,” would...more

Feds Define Which “Closely Held Corporations” Are Eligible to Opt Out of Contraception Mandate Under ACA

One year ago, the U.S. Supreme Court ruled in the case of Burwell v. Hobby Lobby Stores, Inc. et al, that for-profit closely held corporations must be permitted to opt out of the Affordable Care Act’s contraception mandate on...more

ACA Update: Supreme Court Rules that Federal Insurance Exchanges May Issue Tax Subsidies

On June 25, 2015, the U.S. Supreme Court issued its decision in King v. Burwell, ruling that Section 36B of the Patient Protection and Affordable Care Act (“ACA”) authorizes insurance exchanges run by the federal government...more

Five Ways the EEOC Proposed Wellness Regulations Would Change Workplace Health Initiatives

The Americans with Disabilities Act (ADA) generally prohibits employers from requiring current employees to submit to medical examinations or medical inquiries unless the exam or inquiry is “job-related and consistent with...more

Feds Tighten the Belt on "Skinny Plans" and Other ACA Workarounds

On January 1, 2015, employers with 100 or more "full-time equivalents" will be subject to the "Pay or Play" regulations under the Affordable Care Act ("ACA"). Over the past few years, many consultants have sought to identify...more

Halbig v. Burwell: A Death Blow for the Affordable Care Act?

On July 22, 2014, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in Halbig v. Burwell that the Affordable Care Act (ACA) authorizes the issuance of tax credits to assist...more

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