Earlier this year, we told you that Pittsburgh became the second city in Pennsylvania to enact a paid sick leave law, providing, in part, that employers were required to provide employees a minimum of 1 hour of paid sick time per 35 hours worked, with the maximum accrual dependent upon the number of employees.
December 2015
Implementation of ACA’s Controversial “Cadillac Tax” Delayed Until 2020
By Eric Athey on
Posted in Employee Benefits
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 impose a 40% excise tax on group health plans to the extent their total annual premium costs exceed…
UPDATE: Employee Tip Pooling – Don’t Say We Didn’t Warn You!
By Adam Santucci on
Posted in Wage & Hour
We have talked with you in the past about the risks of allowing employees to pool or share tips. This is a pretty common practice in the food service industry, but there can be concerns because of the complexity of compliance with the Fair Labor Standards Act and state wage and hour laws. We…
Excessive Overtime in Healthcare Act Provides Basis for Wrongful Termination Action
By John U. Baker on
In a recent opinion, the Pennsylvania Superior Court upheld a judgment in favor of a healthcare employee that alleged wrongful termination of employment following her repeated refusal to work mandatory overtime. The judgment included damages of $121,869.93 and an order reinstating the employee to her former position. The Court’s opinion focused on the question of…
Double the Pain: DOL Now Assessing Liquidated Damages for Overtime Violations
By Joe Sileo & Gina McAndrew on
Posted in Wage & Hour
For some time now, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has been taking a progressively more aggressive approach to wage and hour compliance, marked by increased staffing/resources and more frequent investigations. Certain industries, like construction and gas/oil industry employers, are now frequent targets, but no business is immune from the government’s…
Pennsylvania Unemployment Officials Announce Change to Fact-Finding Process
By Joe Sileo on
Posted in Termination
According to a recent announcement by the Office of UC Service Centers, employers in Pennsylvania can expect that telephone calls will now be part of the state’s fact-finding process in connection with initial eligibility determinations for unemployment compensation benefits.
In the past, when a former employee filed a claim for UC benefits, the employer received…
FAQs Regarding the ACA’s Employer Reporting Requirements
By Sarah K. Ivy on
Posted in Employee Benefits
The employer reporting requirements under The Patient Protection and Affordable Care Act (the “ACA”) are generally effective beginning January 1, 2015, with the applicable first reports filed in early 2016. The purpose of the reporting requirements – particularly those relating to employers – is to enforce the pay or play provisions of the ACA. Therefore, accurate and timely completion of the required Forms 1094-C and 1095-C is necessary to ensure penalties are not imposed. As the reporting deadline looms, many employers still have questions regarding the ACA’s reporting requirements and how best to comply with those requirements. …
Continue Reading FAQs Regarding the ACA’s Employer Reporting Requirements
When Must Meal Breaks Be Paid? Third Circuit Clarifies FLSA Test
By Adam R. Long on
Posted in Wage & Hour
Whether meal breaks count as compensable hours worked for non-exempt employees under the Fair Labor Standards Act can be a thorny issue for employers. The FLSA regulations provide that meal periods during which an employee is “completely relieved of duty for the purpose of eating regular meals” do not count as hours worked. 29 C.F.R.…