On July 8, 2020, in the consolidated cases of Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania et al. and Donald J. Trump, President of the United States, et al. v. Pennsylvania et al., the U.S. Supreme Court ruled that employers can exclude coverage for birth control from their health
Eric Athey
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 sexual orientation or gender identity constitutes unlawful sex discrimination under Title VII of the Civil Rights Act of 1964. In…
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 provisions in the Families First Coronavirus Response Act (“Response Act”). However, amidst the flurry of new laws, guidance and blog articles landing in your…
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. Professional advisors may offer educated opinions on these questions – but, at the end of the day, we won’t know some…
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 Wolf’s Orders and guidance from the CDC, OSHA and the EEOC have pushed employers and their counsel into overdrive. Many of…
Compliance Reminder: U.S. Department of Transportation Drug and Alcohol Clearinghouse For Commercial Drivers Takes Effect January 6, 2020
Employers of drivers who hold commercial driver’s licenses (CDL) have been subject to U.S. Department of Transportation drug and alcohol testing requirements for over twenty-five years. These regulations, enforced by the Federal Motor Carrier Safety Administration (FMCSA), require that any driver who fails (or refuses to take) a mandated drug or alcohol test must be…
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, if an employee earns a base rate of $10/hour and also earns a non-discretionary weekly productivity bonus in the amount of $50 during…
McNees Expands Employee Benefits Practice – Welcome Renee Lieux and Kim Weibley
McNees Wallace & Nurick LLC is pleased to announce the expansion of its Employee Benefits and Executive Compensation Practice Group with the recent addition of attorney Renee Lieux and specialist Kimberly Weibley.
Renee has focused her practice on executive compensation and employee benefits for nearly 20 years. She assists both private and publicly traded companies…
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 gender identity. There is now disagreement among federal appellate courts on this issue and the U.S. Supreme Court will likely decide the question at…
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. A related compliance issue that has attracted relatively little attention from courts and regulators is whether, under the Fair Labor Standards…