Employment & The Law - Summer 2013
Health Care Reform: With the Employer Mandate and Insurer Reporting Requirements Delayed – What’s Left for 2014?
On July 3, the Obama administration announced a delay in the employer mandate to provide health insurance and the insurer reporting requirements under the Patient Protection and Affordable Care Act (“ACA”). See our prior
alert on the delay available
here. The employer mandate and insurer reporting requirements – which were scheduled to become effective on January 1, 2014 – will now be delayed until 2015. Formal guidance describing the delay was issued on July
9, 2013. However, the delay does not affect a number of provisions of ACA that are applicable to employer sponsored group health plans which are scheduled to take effect in 2014. This alert describes the plan design changes that
employers must implement for the 2014 plan year.
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United States v. Windsor: The Impact of the Supreme Court’s DOMA Ruling
On June 26, the U.S. Supreme Court struck down Section Three of the federal Defense of Marriage Act of 1996 (DOMA). Section Three of DOMA provides that for purposes of federal law, the word “marriage” means only “a
union of a man and a woman” and the definition of “spouse” is limited to “a person of the opposite sex who is a husband or a wife.”
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Strategies for Handling Real Life FMLA Abuse
The Family and Medical Leave Act (“FMLA”) provides a means for employees to balance their work and family responsibilities by taking leave for certain reasons, like the birth of a child or to care for an immediate family
member who suffers from a serious health condition. Like many well-intentioned laws, however, some employees abuse the rights granted under the FMLA and have used FMLA leave to vacation on the beach or to extend a long weekend. This
article will provide scenarios which illustrate common suspicious FMLA leave situations, and then will outline strategies to help prevent potential FMLA abuse.
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Interested in Learning More About Strategies for Dealing with FMLA Abuse?
Troutman Sanders Partners Evan Pontz and Rebecca Shanlever will be leading a Live Audio Conference on August 28, 2013 from 12:00-1:30 pm EST and will be answering questions about what employers should do when they suspect an employee
is “working the system” and taking part in FMLA Abuse.
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OVERTIME UPDATE: National Retailers Hit With Meal Break Litigation and the “Black Swan” Internship Saga Continues
This edition of Overtime Update features a refresher on employee meal breaks in light of some recent potential class action lawsuits against national retailers and discusses the latest developments in the case of Glatt v. Fox Searchlight Pictures, Inc. (Glatt, being a former intern for the company that produced the 2010 Oscar-nominated film “Black Swan”).
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Health Care Reform Delayed, Immigration Bill Quickly Passes the Senate, and Partisan Bills Abound
With the administration pressing pause on major components of healthcare reform until 2015, many employers are breathing a sigh of relief, or catching their breath. While employers have welcomed the delay to healthcare reform, the
administration is pressing forth on other fronts, particularly immigration.
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Who Is GINA and Why Is She Now Questioning Our Medical Forms?
Your company asks certain new hires to complete medical questionnaires before they start work. The questionnaire is required only after you make a job offer (but before the new hire starts), and only for certain jobs, so it’s
permissible under the Americans with Disabilities Act. But a new hire complains about the questionnaire, saying she shouldn’t have to provide the requested family medical history. Is she right? Are there any other laws that
might apply?
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© TROUTMAN SANDERS LLP. ADVERTISING MATERIAL. These materials are to inform you of developments that may affect your business and are not to be considered legal advice, nor do they create a lawyer-client relationship. Information on previous case results does not guarantee a similar future result.