Year: 2013

FINAL REGULATIONS TO THE MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 RELEASED

On November 8, 2013 the Obama administration released final regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA).  The MHPAEA is designed to make sure mental health and substance use disorder benefits offered by health plans are in parity with the medical and surgical benefits the …

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OVERVIEW OF THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008

             The Genetic Information Nondiscrimination Act of 2008, or GINA, prohibits covered employers, which includes all employers subject to Title VII of the Civil Rights Act of 1964, from using genetic information when making employment decisions.  Because GINA just became law a few years ago and its scope is fairly …

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NEW LAW ENTITLES MOST HOMECARE WORKERS TO MINIMUM WAGE AND OVERTIME

               A new rule taking effect January 1, 2015 means most direct-care workers employed by agencies and other third-party employers will be entitled to at least the federal minimum wage and overtime as set forth in the Fair Labor Standards Act (FLSA).               The …

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FEDERAL APPEALS COURT IN NEW YORK DISMISSES OVERTIME CLAIM BECAUSE EMPLOYEE’S COMPLAINT WAS NOT SPECIFIC ENOUGH

             The Second Circuit Court of Appeals, the federal appeals court which covers New York, Connecticut and Vermont, recently made a very important decision regarding a failure to pay overtime claim.             In Dejesus v. Mgmt. Services, LLC, the plaintiff’s overtime claim was dismissed by …

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WHY DOES MY COMPANY NEED AN EMPLOYEE HANDBOOK?

Even though it isn’t a state or federal law requirement, many employers have an employee handbook/personnel manual.   While in many cases a company means no harm by not having a formal employee handbook, the lack of a formal set of documented personnel policies can potentially lead to costly litigation. Employee handbooks can be a useful …

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IMPLEMENTATION OF THE AFFORDABLE CARE ACT DELAYED

The Obama administration announced last week that it is delaying the implementation of the Affordable Care Act’s (ACA) employer responsibility provision.   Now employers won’t have to worry about compliance with the provision, commonly referred to as the “play or pay” provision, until 2015. Under this particular part of the ACA, employers with fifty (50) …

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SECOND CIRCUIT COURT OF APPEALS RECOGNIZES CLAIM FOR MALE-ON-MALE SEXUAL HARASSMENT

The United States Second Circuit Court of Appeals, which is the highest federal appeals court in New York, recently ruled that a heterosexual male can file a sexual harassment claim based on unwanted groping and sex-based comments by another heterosexual male. In this case, a heterosexual male sued his employer, Seneca Foods Corporation, for sexual …

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BASICS OF THE AFFORDABLE CARE ACT

Under the Affordable Care Act (the “Act”), effective January 1, 2014, employers must provide healthcare coverage to their full-time employees (and those employee’s dependents) or risk paying a financial penalty.  The provision applies to employers with fifty (50) or more full-time non-seasonal employees in the preceding calendar year.  Under the Act, a full-time employee is …

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FEDERAL GOVERNMENT SETTLES MATTER ALLEGING DISCRIMINATION AGAINST MALES

In a rare case, last week the Office of Federal Contract Compliance Programs (OFCCP) announced an audit settlement with federal contractor Goodwill Industries of Southern California in a matter alleging systemic discrimination against men.   In a statement, OFCCP stated “Goodwill’s hiring process favored female applicants for entry-level positions as attendants at local donation centers, in …

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