EPELog

With the end of the third business quarter quickly approaching, many businesses have begun planning for the 2015 calendar year. One of the many existing or newly enacted regulations that they will have to comply with is the Employer Shared Responsibility Mandate  (ESRM) portion of the Patient Protection and Affordable Care Act  (ACA). The ESRM provides that an employer with at least a certain … [Read more...] about Challenges of Compliance With the Employer Shared Responsibility Mandate

Following the Pennsylvania Eastern District Court’s decision in Verderame v. RadioShack, RadioShack must pay about $5.4 million in back pay to its non-exempt employees for a violation of the Pennsylvania Minimum Wage Act (“PMWA”), even though RadioShack’s employee pay practices were perfectly fine under the federal Fair Labor Standards Act (“FLSA”). How could this happen? How can you prevent an … [Read more...] about Employers Beware: Radio Shack Gets Burnt By State Minimum Wage Law

Today, despite pressure from opposing political flanks and requests for exemption from religious leaders, President Barack Obama continued to make good on his promise to end anti-LGBT workplace discrimination. This morning, the President signed an executive order which amended previous executive orders of Presidents Lyndon Johnson and Richard Nixon. The original executive orders banned workplace … [Read more...] about Obama Signs Executive Order Banning Workplace Anti-LGBT Discrimination

Recently, the new FMLA Branch Chief of the Department of Labor, Helen Applewhaite, gave a heads up to employers to be prepared for on-site DOL visits to check for FMLA compliance. At a conference in April, Ms. Applewhaite called 2014 a “pivotal” year for FMLA enforcement and she set forth the DOL’s renewed interest in conducting on-site FMLA compliance investigations. She predicted employee … [Read more...] about DOL to Employers: Don’t Say We Didn’t Warn You About On-Site Visits for FMLA Compliance

Last fall, Disney World and Disneyland announced major changes to their longstanding program for assisting guests with disabilities. Previously, people with a disability, along with their family members, were given special passes to avoid long waits and enter the front of the line at a ride or attraction at Disney theme parks. Disney’s special access program was changed, however, after widespread … [Read more...] about Seventh Circuit Holds Care Provided During Trip to Las Vegas is Covered Under FMLA

The Family Medical Leave Act (“FMLA”) requires covered employers to provide unpaid leave and reinstatement rights to eligible employees for specific health and family reasons, including family medical and military leave. Among other things, the serious health condition, military care needs, or military exigencies of an employee’s “spouse” may be a qualifying event for FMLA leave and reinstatement … [Read more...] about This Just In from the Department of Labor: Same-Sex Spouses May Have Full FMLA Rights