In the words of noted American statesman Benjamin Franklin, “in this world nothing can be said to be certain, except death and taxes.” Given Franklin’s thoughts, yesterday’s decision by the U.S. Supreme Court in the case of United States v. Quality Stores, Inc., probably would have come as no surprise. In that case, the court […]
EMPLOYEE BENEFITS LAW ALERT »
Administration issues new game‑changing health care reform regulations
Yesterday, the Treasury Department issued its much-anticipated final regulations on the Affordable Care Act’s (ACA) so-called employer mandate, under which certain employers have to either (a) offer affordable, minimum-value health coverage to full-time employees and their dependents, or (b) pay certain penalties.
Effective November 1, 2013, two Oklahoma statutes governing how an employer addresses tobacco use in its workplace or by its employees will be revised. Under the new 21 Okla. Stat. § 1247, lighted tobacco products in any form are prohibited in indoor workplaces. With a few exceptions, this prohibition includes work areas, employee lounges, restrooms, […]
EMPLOYMENT LAW UPDATE »
Tenth Circuit to employees: Onus on you to speak up about religious accommodation
Yesterday, the U.S. Tenth Circuit Court of Appeals issued a decision that put employees on notice that the Tenth Circuit expects employees to speak up for their rights regarding religious accommodation.
Under the Affordable Care Act (ACA), an employer subject to the Fair Labor Standards Act must provide a written notice to current employees about the Health Insurance Marketplace (the “Exchange Notice”) by October 1, 2013, and for those hired on or after October 1, within 14 days of the employee’s date of hire. Employers have […]
In 1996, as states were beginning to consider the concept of same-sex marriage, and before any state had acted to permit it, Congress enacted the Defense of Marriage Act. Section 3 of DOMA defined the term “marriage” as “a legal union between one man and one woman as husband and wife,” and defined the term […]
After the U.S. Supreme Court handed down its decision regarding same-sex marriages in United States v. Windsor this summer, a number of governmental agencies charged with administering employment laws have issued explanations about how they intend to apply the high court’s ruling. Following that trend, the U.S. Department of Labor recently announced its application of […]
EMPLOYMENT LAW UPDATE »
How recent U.S. Supreme Court rulings may be applied to employment-related arbitration agreements
On June 2013, the U.S. Supreme Court issued two decisions clarifying the standard of review federal courts will use when reviewing decisions regarding the availability of class-action arbitrations in mandatory arbitration programs that could be applied to employers using mandatory arbitration agreements.