Following the Supreme Court’s June 26, 2013 decision in United States v. Windsor, declaring the Defense of Marriage Act (“DOMA”) unconstitutional, employers have been rethinking employee benefits programs under expanded definitions of “spouse” and “dependent”. Although Windsor has employers thinking more broadly, it does not itself require employers to provide same-sex partner health insurance … [Read more...] about Must Employers Offer Domestic Partner Health Insurance Benefits Post-Windsor?
KingSpry Blog
Proposed Changes to Wage and Overtime Pay Regulations of FLSA – Good or Bad for Businesses?
Last week, President Obama directed the Department of Labor to update the regulations that define which workers are entitled to minimum wage and overtime protection under the Fair Labor Standards Act (FLSA). His directives to raise the salary threshold and to revamp the “primary duty” test within the FLSA will likely have a significant impact on the business models that have been in place for most … [Read more...] about Proposed Changes to Wage and Overtime Pay Regulations of FLSA – Good or Bad for Businesses?
No Extension to 1-year Return Rule Under the Hague Convention
U.S. Supreme Court ‘s March 5 decision in Lozano v. Alvarez held that equitable tolling principles do not apply to the 1-year provision for mandatory return of the child. Proceedings Under the Convention The Hague Convention on the Civil Aspects of International Child Abduction, signed by the United States in 1988, establishes a procedure for parents to petition to return a child to his or her … [Read more...] about No Extension to 1-year Return Rule Under the Hague Convention
Same-Sex Couples in Pennsylvania: “Wed-Locked?”
Same-Sex Couples’ Legal Rights In Pennsylvania As of today, seventeen states plus the District of Columbia recognize gay marriage; eight of these states legalized gay marriage in 2013. Several states have also expanded the legal rights available to same-sex couples through domestic partnerships and civil unions. This trend has gained momentum since the U.S. Supreme Court decision in June, 2013 to … [Read more...] about Same-Sex Couples in Pennsylvania: “Wed-Locked?”
Federal Court Rules School Did Not Violate Section 504 By Having Allergic Student Eat Lunch At a Desk in Cafeteria
In T.F. v. Fox Chapel Area School District, No. 12-01666 (W.D. Pa Nov. 5, 2013), the United States District Court for the Western District of Pennsylvania has ruled that a school district did not discriminate against a student with a severe tree nut allergy in violation of Section 504 of the Rehabilitation Act. Although the school district’s explanation for seating the student alone at a desk in a … [Read more...] about Federal Court Rules School Did Not Violate Section 504 By Having Allergic Student Eat Lunch At a Desk in Cafeteria
Employers Be Aware: The Payroll Fraud Prevention Act of 2013
Last November, 2013, Senator Bob Casey introduced a Senate bill aimed at employers intentionally misclassifying employees as independent contractors in order to avoid payroll taxes and fair labor standards. The Payroll Fraud Prevention Act of 2013 (“PFPA”) represents a growing effort, both at the state and national level, to prevent employers from evading tax laws and depriving employees of … [Read more...] about Employers Be Aware: The Payroll Fraud Prevention Act of 2013