News & Analysis as of

Employer Liability Issues Full-Time Employees

Verrill

ACA Compliance When Employees Move from Full-Time to Part-Time Mid-Year

Verrill on

We are well into the Affordable Care Act (“ACA”) information reporting season. Forms 1095-B/1095-C must be provided to employees by March 1, 2024, and the deadline for electronic transmittal of Forms 1094-B/1094-C to the IRS...more

Morgan Lewis

IRS Proposes Long-Term, Part-Time Employee Regulations

Morgan Lewis on

On November 24, 2023, the Internal Revenue Service (IRS) proposed long-awaited regulations providing guidance on the required coverage of long-term, part-time employees (LTPTEs) under the Setting Every Community Up for...more

Troutman Pepper

Long-Term Part-Time Employee Eligibility Rules Now in Effect – Are You Ready?

Troutman Pepper on

The Setting Every Community Up for Retirement Enhancement Act (SECURE 1.0) requires plans to permit employees who work at least 500 hours but less than 1,000 hours in three consecutive 12-month periods to make elective...more

Bradley Arant Boult Cummings LLP

New Boss Is Definitely Not the Same as the Old Boss: 7th Circuit Allows Age Discrimination Claim to Go Forward

Changes in supervision may result in fresh ways of doing things. Certain rules that were never fully enforced may now come to the forefront. Can a new supervisor’s radical change in a long-term employee’s performance rating...more

McDermott Will & Emery

When It Comes to Vesting, IRS Says Once a Long-Term, Part-Time Employee, Always a Long-Term, Part-Time Employee

McDermott Will & Emery on

In this series of articles, we explore the implications of the long-term, part-time employee rules under the SECURE Act and SECURE 2.0 and the impact those rules have on employers and their workforces. Under the SECURE...more

McDermott Will & Emery

New Rules Make Tracking Long-Term, Part-Time Employee Service a Full-Time Job

McDermott Will & Emery on

In this series of articles, we explore the implications of the long-term, part-time employee rules under the SECURE Act and SECURE 2.0 and the impact those rules have on employers and their workforces. Under the SECURE...more

McDermott Will & Emery

IRS Confirms Same Hours-Counting Rules Still Add Up for Long-Term, Part-Time Employees

McDermott Will & Emery on

In this series of articles, we explore the implications of the long-term, part-time employee rules under the SECURE Act and SECURE 2.0 and the impact those rules have on employers and their workforces. Following the...more

McDermott Will & Emery

A Long-Term, Part-Time Employee or Not a Long-Term, Part-Time Employee, That Is the Question

McDermott Will & Emery on

In this series of articles, we explore the implications of the long-term, part-time employee rules under the SECURE Act and SECURE 2.0 and the impact those rules have on employers and their workforces. Under the SECURE...more

Stoel Rives - World of Employment

Oregon Supreme Court Enforces Employment Arbitration Agreement

Oregon employers that require arbitration for employment-related disputes recently received some good news from the Oregon Supreme Court.  In Gist v. ZoAn Management, Inc., the Court rejected the plaintiff’s argument that his...more

Proskauer - California Employment Law

West Hollywood Employers Now Must Provide 96 Hours of Paid Time Off for Full-Time Employees

As of Friday, July 1, non-hotel employers with full-time employees in West Hollywood must provide up to 96 hours of compensated time off (“CTO”) each year. (Part-time West Hollywood employees must receive a prorated number of...more

Foley Hoag LLP

Massachusetts Extends and Expands COVID-19-Related Emergency Paid Sick Law

Foley Hoag LLP on

On September 29, 2021, Massachusetts Governor Charlie Baker signed into law an extension to the Massachusetts COVID-19 Emergency Paid Sick Leave (“EPSL”) program. As we wrote about in detail..., the EPSL program requires...more

Bennett Jones LLP

Court of Appeal Clarifies the Doctrine of Common Employer Liability, Holds Director Personally Liable

Bennett Jones LLP on

The Ontario Court of Appeal recently clarified that common employer liability on an interrelated corporation requires objective evidence of an intention to create an employer/employee relationship between the employee and the...more

Foley Hoag LLP

Massachusetts Enacts COVID-19-Related Emergency Paid Sick Law

Foley Hoag LLP on

On May 28, 2021, Massachusetts Governor Charlie Baker signed into law legislation requiring all Massachusetts employers to provide emergency paid sick leave to employees who are unable to work for certain reasons relating to...more

Perkins Coie

Variable Hour Employee Benefits Eligibility under COVID-19

Perkins Coie on

Are Employees Receiving a Lavish Gift This Holiday Season or an Unintended Lump of Coal in Their Stockings? COVID-19 has forced many employers to make unanticipated changes to their workforce, with many retailers rolling...more

McDermott Will & Emery

California COVID-19 Supplemental Paid Sick Leave Act (AB 1867): Paid Leave, Notice and Posting Requirements Effective Immediately

McDermott Will & Emery on

Employers with more than 500 employees nationally, and employers of healthcare-provider and emergency-responder employees previously exempted from Families First Coronavirus Response Act (FFCRA) requirements, must provide...more

Epstein Becker & Green

Mandatory Severance on the Horizon Under Proposed Amendments to NJ Warn Act

A bill to amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, also commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), which the New Jersey Senate passed on December 16, 2019, if...more

Seyfarth Shaw LLP

National Census of Fatal Occupational Injuries Released

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Bureau of Labor Statistics (BLS) recently released its annual National Census of Fatal Occupational Injuries (National Census), concluding that the fatal work injury rate in 2018 remained at 3.5...more

Proskauer - Law and the Workplace

Nevada Labor Commissioner Issues Advisory Opinions Regarding Paid Personal Leave Law

As we previously reported, Nevada has enacted a personal leave law, which, effective January 1, 2020, will require private employers with 50 or more employees in Nevada to provide certain employees working in the state with...more

Seyfarth Shaw LLP

Different Strokes for Different Folks: The Feasibility of Implementing Different Benefits Plans for Different Categories of...

Seyfarth Shaw LLP on

In the growth of the gig economy, many employers are increasing the number of categories of their employees and associates. One challenge of the gig economy is determining when a worker qualifies as a full-time employee for...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 56: New Jersey Publishes Paid Sick Leave FAQs Days Before Law Takes Effect on Oct. 29

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Earned Sick Leave Law goes into effect on October 29, 2018—three days from now. As employers prepare for the statewide mandate, the New Jersey Department of Labor and Workforce Development...more

Parker Poe Adams & Bernstein LLP

Employer's Unilateral Assertion of Need for Full-Time Work Insufficient to Dismiss ADA Claim

Employees seeking accommodations for medical conditions under the Americans with Disabilities Act often request modified work schedules. In some cases, the employee presents medical information indicating an ability only to...more

Bradley Arant Boult Cummings LLP

Point for the (Work from) Home Team? Sixth Circuit Says Attendance at Work Not Automatically an Essential Work Function

“You have to show up for work—it’s a part of your job.” Attendance at the workplace is an essential work function in an ADA case. But is it really anymore? With technology, some would argue that many jobs can be done from...more

Bass, Berry & Sims PLC

Is a Reduced Work Schedule for a Full-Time Employee a Reasonable Accommodation?

Bass, Berry & Sims PLC on

The recent Sixth Circuit opinion in Hostettler v. The College of Wooster, No. 17-3406 (6th Cir. July 17, 2018), is a cautionary tale for employers faced with a full-time employee seeking a modified work schedule as an...more

Fisher Phillips

Big Changes Coming for Baystate Employers: Paid Family & Medical Leave And Minimum Wage Increases

Fisher Phillips on

In one fell swoop, Massachusetts has set in motion a plan to increase its minimum wage to $15.00 per hour and create a comprehensive paid family and medical leave program as the result of a “grand bargain” between employee...more

Davis Wright Tremaine LLP

Three Little-Known Features of Seattle’s Head Tax

Seattle has passed an employee hours tax, commonly referred to as a “head tax,” which takes effect in 2019. Most are aware that the tax affects corporations, LLCs and LLPs with annual revenues in excess of $20 million...more

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