In the King v. Burwell decision released on June 25, 2015, the Supreme Court upheld (6-3) the IRS’s application of the premium tax credit for individuals in states, like Pennsylvania, that have not established a state exchange, per the Affordable Care Act (“ACA”). For some employers, however, this decision may, at first blush, be jarring. Here is why: The applicable ACA taxes to employers, … [Read more...] about Supreme Court Upholds Premium Tax Credits – What Does this Mean for Employers?
EPELog
Don’t Be Too Quick To Deny FMLA Leave – Third Circuit Faults Employer for Not Giving Employee Chance to Cure Insufficient Medical Certification
In the case of Hansler v. Lehigh Valley Hospital Network, the Third Circuit Court of Appeals has renewed a warning to employers in other cases to be sure to allow an employee the opportunity to cure purported deficiencies in a medical certification submitted in support of FMLA leave, prior to denying the request for leave. In Hansler, an employee requested FMLA leave due to a medical condition and … [Read more...] about Don’t Be Too Quick To Deny FMLA Leave – Third Circuit Faults Employer for Not Giving Employee Chance to Cure Insufficient Medical Certification
The Supreme Court Speaks: Religious Neutrality May Constitute Employment Discrimination
On June 1, 2015, by an 8-1 vote, the United States Supreme Court held that Abercrombie & Fitch’s religiously neutral dress policy, when applied, failed to accommodate religious practices. The case, EEOC v. Abercrombie & Fitch, arose out of the 2008 job application of Samantha Elauf, a 17-year-old practicing Muslim, applying for the job as a sales associate with an Abercrombie & … [Read more...] about The Supreme Court Speaks: Religious Neutrality May Constitute Employment Discrimination
EEOC Issues Proposed Regulations on Wellness Programs to Ensure Compliance With the ADA
On April 20, the EEOC issued proposed regulations on Wellness Programs to address concerns that some such programs may run afoul of the ADA. The EEOC will be accepting comments on the same until June 19, 2015. Click here for the regulations and instructions on how to submit comments. While the final regulations may vary from what is included in the proposed regulations, especially depending … [Read more...] about EEOC Issues Proposed Regulations on Wellness Programs to Ensure Compliance With the ADA
When It Comes To Employee Handbooks, There’s No Such Thing As Once and Done
It is important to keep in mind that when you are creating or revising your employee handbooks, employee handbooks are not static documents etched in stone. Rather, they are living, breathing organisms that, in addition to being created, need to be publicized to your employees, followed consistently, and most importantly, periodically reviewed and updated. All of that was brought home by a … [Read more...] about When It Comes To Employee Handbooks, There’s No Such Thing As Once and Done
Prompt Action Pays Off When Disciplining Employees
We always advise our clients that when they are considering disciplining an employee, it is better to “pull the trigger” sooner rather than later and that they need to be consistent. In reviewing a recent Seventh Circuit federal decision (we are in the Third Circuit here in Pennsylvania), the Court made several points that I believe are worth noting. These points all deal with the situation of … [Read more...] about Prompt Action Pays Off When Disciplining Employees
