On May 20, 2014, Pennsylvania became the 19th state to strike down laws that banned same-sex marriage in the case of Whitewood v. Wolf. Governor Corbett announced he has no plans to appeal the decision entered by Judge John E. Jones, III; however, the Commonwealth defendants officially have thirty (30) days to appeal the ruling. Meanwhile, as the time to appeal winds down, employers should review … [Read more...] about Pennsylvania Employers Should Review Employee Benefit Plans and Policies After Federal Court Strikes Down Same-Sex Marriage Ban
EPELog
Prompt Remedial Action Remains Effective Method of Defeating Harassment Claims
One of an employer’s most powerful tools for defeating workplace harassment claims is to take “prompt remedial action” upon learning of the alleged harassment. When an employee makes a harassment complaint, an employer may avoid liability if it can establish that it took prompt remedial action to protect the employee. Whether an employer took prompt remedial action is a fact-based determination … [Read more...] about Prompt Remedial Action Remains Effective Method of Defeating Harassment Claims
When is a “Temporary” Injury a Disability?
Recently, the Fourth Circuit Court of Appeals became the first appellate court to offer insight into the American with Disabilities Act Amendments Act’s (ADAAA) broadened definition of the term “disability.” Previously, courts interpreting the ADA typically did not consider impairments that were only temporary in nature to be disabilities. In 2008, however, Congress passed the ADAAA providing that … [Read more...] about When is a “Temporary” Injury a Disability?
Must Employers Offer Domestic Partner Health Insurance Benefits Post-Windsor?
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?
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?
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
