News & Analysis as of

Full-Time Employees

Watch Your Mail: IRS Begins Collection of Employer Mandate Penalties

by Foley & Lardner LLP on

It’s official. The IRS has finally begun the process of collecting penalties under the Affordable Care Act’s (“ACA”) employer shared responsibility provisions, better known as the “employer mandate.” The IRS has started...more

IRS Issues Model Letter 226J and Forms 14764 and 14765 as it Prepares to Assess Employer Shared Responsibility Penalties

by Reed Smith on

Under the Patient Protection and Affordable Care Act of 2010, applicable large employers (ALEs) that fail to offer minimum essential coverage (MEC) to full-time employees or that offer MEC to full-time employees that is not...more

Beware: IRS To Begin Issuing ACA Employer Shared Responsibility Payment Penalty Notices

The IRS has announced its next steps regarding the Employer Shared Responsibility Payments (the “ESRPs”), which are the ACA penalties assessable to “Applicable Large Employers” for failing to provide affordable health care...more

IRS to Begin Enforcing 4980H Penalties on Large Employers Before End of 2017

by Snell & Wilmer on

On November 2, 2017, the IRS issued guidance regarding the enforcement of Employer Shared Responsibility payments, otherwise known as the Section 4980H penalty. Questions 55-58 of the IRS Questions and Answers on Employer...more

Summary Of Post-Trial Briefs Filed In Grubhub Misclassification Case

by Fisher Phillips on

The parties in the Grubhub misclassification case are back in court on Monday, October 30, delivering their final closing arguments to the judge. We’ve written about the trial extensively. To sum it up, though: a former...more

2017 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare

by Snell & Wilmer on

As 2017 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are presenting our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 will cover...more

IRS Will Enforce Employer Mandate Regardless Of Any Executive Orders

by Fisher Phillips on

You may recall that President Trump signed an executive order on the day of his inauguration directing all agencies to minimize the economic burden of the Affordable Care Act (ACA) pending its repeal. You may recall also that...more

IT Companies and the Uber-ization of the Workforce

by Fisher Phillips on

With the rise of the gig economy, IT companies are taking the approach many employers in the gig economy have taken in structuring their workforce. In an industry where full-time and part-time employees cohabit in the same...more

Health Care Reform Weekly Roundup – Issue 8

Below is a summary of significant health care reform developments over the past two weeks. GOP Repeal and Replace Efforts Stalled. After releasing a revised version of the Better Care Reconciliation Act (BCRA) on July 13,...more

Canada: Ontario Government's Proposed Legislation to "Create Fairer and Better Workplaces" Includes $15 Minimum Wage and Equal Pay...

by Littler on

On May 30, 2017, the Ontario government issued its response to a Final Report recently released by two Special Advisors as part of their Changing Workplaces Review. This Report included 173 recommendations for amendments to...more

Here’s an Update: Opportunity (to Work) Knocks in San Jose

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 13, 2017, San Jose’s new “Opportunity to Work Ordinance” takes effect, requiring covered employers to offer additional hours to part-time employees before hiring new or temporary employees. As the...more

This is Lowe’s, Don’t Be Like Lowe’s: A Checklist For Employers

Have you ever bought an appliance from Lowe’s Home Centers and been told that you have to contact one of its “licensed installers” and setup a time for them to come to your house to install the appliance? Subsequently, when...more

Vacation Policies Are Not All-Inclusive; Seventh Circuit Denies Bid to Certify Class And Affirms Summary Judgment on Part-Time...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In McCaster v. Darden Restaurants, the Seventh Circuit affirmed the District Court’s order denying class certification of claims for denial of earned vacation benefits at separation and granting summary...more

Seventh Circuit Indicates It May Conclude that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

by FordHarrison on

Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more

Part Time Workers Must Be Offered Additional Hours: San Jose’s Opportunity to Work Ordinance (Effective March 2017)

In the recent election, San Jose voters passed a voter initiative creating the “Opportunity to Work” ordinance. The purpose of the ordinance, which will become effective on March 13, 2017, is to promote full-time jobs and to...more

Traps for the Unwary: Does Your Employee Handbook Comply with the Affordable Care Act?

by Akerman LLP - HR Defense on

Do you think you’ve complied with the Affordable Care Act mandates? Before you answer yes, you’d best take a close look at your Employee Handbook – a minefield for mistakes....more

2016 Draft Forms 1094-C and 1095-C and Instructions: What’s New, Page-by-Page

by Balch & Bingham LLP on

In the ACA realm, change is the only constant, so don’t take this to the bank. We’re telling you what we see for the first time, on a first reading of the draft 2016 Forms and Instructions that the IRS has released since...more

Responding to Marketplace Notices

by McDermott Will & Emery on

Employers have begun to receive notices from the Health Insurance Marketplace Exchanges (Marketplace) notifying them that one or more of their employees is eligible for governmental subsidies under the Marketplace. Employers...more

The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues

The National Labor Relations Board (NLRB) will now permit a single bargaining unit to include employees who are solely employed by an employer along with other employees who are jointly employed by that employer and a...more

Christmas in July: The NLRB Delivers Another Gift to Help Unions Organize Employees

The National Labor Relations Board has once again delivered a blow to employers by overturning a decision (and standard) that required the consent of a regular employer and the employer of temporary staff to allow both sets...more

NLRB Strikes Down Employer Veto of Combined Leased and Regular Employee Bargaining Units: What Should Employers Do Now?

by Miles & Stockbridge P.C. on

One year after the National Labor Relations Board’s (“NLRB” or the “Board”) major expansion of its joint employer standard in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015) (“BFI”), the NLRB has...more

Stuck With It: Labor Board Forces Employers to Recognize Bargaining Units that Contain Employees of Two or More Separate...

Returning to a decision it made 16 years ago (but was overturned just 4 years after that), the National Labor Relations Board has once again ruled that it will certify a bargaining unit containing individuals from two or more...more

Board Continues Expansion of Joint Employer Doctrine, Allows Unions to Organize Mixed Units of Regular Employees and Staffing...

by Miller Canfield on

Employers who rely on staffing agencies for employees must be aware of the significant expansion in the National Labor Relations Board’s treatment of the joint-employer doctrine as determined in two major recent decisions....more

Another Day, Another Reversal by the NLRB

by Shipman & Goodwin LLP on

By now, it’s really not a big surprise when the NLRB reverse course on a prior decision. This week, the NLRB did it again. My colleague, Jarad Lucan, provides this quick update on temporary/contract employees being allowed to...more

As Affordable Care Act Enforcement Looms, Some Lessons Learned From Massachusetts

As the ACA audit era approaches, many employers are wondering: what will happen? What sorts of documentation will the IRS request? What industries will be targeted? And what can employers do to prepare? In this post, I...more

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