On November 18, 2016, the IRS recently announced limited relief for employer reporting on Forms 1094 and 1095 for the 2016 tax year. The relief extends the deadline for furnishing statements to individuals, but does not extend the deadline for filings with the IRS. The IRS also provided penalty relief for some filers. The relief
Workplace Trends
The Affordable Care Act – What Now?
Now that we have all had some time to absorb the national election results, many are wondering how the Affordable Care Act will change during a Trump presidency. While there is a great deal of uncertainty surrounding the future of the ACA, our recommendation to those currently covered by the Act is to continue to…
New Pennsylvania Law Allows Use of Payroll Debit Cards
We have been following litigation in Pennsylvania challenging the use of payroll debit cards by employers to pay employees. In one such case, the Pennsylvania Superior Court recently ruled that an employer violated the Pennsylvania Wage Payment and Collection Law (WPCL) by requiring employees to accept their wages on a payroll debit card, rather than…
OSHA’s New Reporting Rules to Make Employers Famous
By existing OSHA regulations, most employers (those with more than 10 employees) are required to complete and maintain records pertaining to serious work-related injuries and illnesses, using the OSHA 300 Log, OSHA 301 Incident Report and OSHA 300A Annual Summary. Certain employers in low-risk industries as determined by OSHA (such as law offices, realtors) are…
New FLSA Regulations are Still on Track Despite House Vote
On September 28, 2016, the United States House of Representatives passed a bill that would postpone implementation of the FLSA’s new salary threshold for “white-collar” overtime exemptions. As we noted earlier this month, the Department of Labor’s regulation will more than double the minimum weekly salary requirement to $913 and is set to take effect…
NLRB Raises Price of College Tuition
In yet another reversal of precedent, the National Labor Relations Board has ruled that students who perform work for a university for which they are compensated can form and join labor unions under the National Labor Relations Act. Key to the Board’s holding was that these students, including teaching assistants and research assistants, were more…
OSHA Hits Employer with Hefty Fine for Failing to Protect Employee from Assault by Client
A national home health care provider, doing business in York Pennsylvania as Epic Health Services, was recently issued a citation and significant fine by The Occupational Safety and Health Administration (OSHA) in connection with an assault of an employee by a client.
Even a sanitized version of the facts is disturbing. The employer provides health…
Your employee tells you he’s using medicinal marijuana . . . now what?
Since the passage of the Medical Marijuana Act (“MMA”), we have received many questions from employers regarding the MMA’s impact on employment law; one of the most frequent questions being – what do I do if an employee tells me he/she is using medical marijuana? While the answer to this question will partly depend on…
Judge Puts Breaks on Department of Labor’s “Persuader Rule”
The United States Department of Labor issued regulations earlier this year finalizing the “Persuader Rule.” Under the new Rule, employers and consultants (including lawyers) would be required to report labor relations advice and services under the Labor-Management Reporting and Disclosure Act’s “persuader activity” regulations when such advice and services are offered in the context of…
THE DEFEND TRADE SECRETS ACT: COMING TO A FEDERAL COURT NEAR YOU; THE FEDERALIZING OF TRADE SECRET AND POST-EMPLOYMENT CONDUCT LAW
This post was contributed by Alan Boynton, Chairman of McNees’ Injunction Practice Group.
On April 27, 2016, the United States House of Representatives voted 410-2 to approve the proposed Defend Trade Secrets Act (DTSA). The vote follows the Senate’s unanimous approval of the bill. President Obama has stated that he will sign the…