X
GO
Legislative Updates provided by Underberg & Kessler LLP

Get Aggregated RSS

United States Department of Labor Issues New Opinion Letters - Part 2

Wednesday, March 20, 2019

Another notable opinion from the U.S. Department of Labor letters issued on March 14 is that workers are not required to be paid for community service they perform through an employer program unless they are forced into volunteering. An employer submitted a question to the DOL asking if it had to compensate employees who are allowed to pick their own or employer sponsored volunteer activities.  The employer pays them for activities that occur during the work day or on the employer’s premises, but much of the volunteer time falls outside of working hours. 

United States Department of Labor Issues New Opinion Letters - Part 1

Friday, March 15, 2019

Yesterday, the U.S. Department of Labor (DOL) issued three opinion letters. This is the first of a series of blog posts addressing the letters.

Notably, the DOL clarified that employers cannot allow employees to take paid leave in lieu of FMLA leave.  As you know, the FMLA allows workers to take up to 12 weeks of unpaid time off to care for family members or receive treatment for their own illnesses.

That Free Lunch May be Taxable

Wednesday, March 06, 2019

The IRS recently released Technical Advice Memorandum 201903017 (the TAM) providing guidance to IRS personnel as to whether the value of meals and snacks provided without charge by an employer to its employees constitutes taxable wages. 

The employer in the TAM provided free meals to all employees, contractors and guests.  No distinction was made as to the employee’s position, job duties, responsibilities or other circumstances.  Unlimited drinks and snacks were also provided to all employees, contractors and visitors in unrestricted snack areas. 

BREAKING NEWS: NYS DOL Not Implementing Call-In Pay Regulations

Thursday, February 28, 2019

Good news!  Last night, the New York State Department of Labor issued a statement that it would not pursue implementing the proposed call-in pay regulations we wrote about previously (click here for that blog post). This issue is likely headed to the New York State Legislature.

NLRB Narrows Standard for “Protected Activity”

Monday, February 18, 2019

Another recent NLRB decision narrows the standard for what constitutes protected activity.  In that case, a manager asked a group of airport baggage handlers to help unload the equipment of a soccer team. One of the baggage employees said they’d done a similar job previously and didn’t receive a tip.  When the equipment arrived, the baggage handlers didn’t help unload, and the employee who complained about the lack of tip was fired.  He filed a complaint alleging he was fired for complaining about the lack of tip, which he claimed was protected activity.

NLRB Changes Course on the Independent Contractor Issue

Friday, February 08, 2019

On January 25, 2019, the NLRB issued a Decision wherein it found that van operators at the Dallas/Fort Worth airport are independent contractors, not employees, and thus could not unionize.  In doing so, the NLRB overruled its own 2014 FedEx Home Delivery Decision that it said gave insufficient weight to workers’ entrepreneurship opportunities, and too much weight to right-to-control factors, in deciding the issue.  Going forward, where appropriate, all the traditional common law independent contractor factors will be evaluated “through the prism of entrepreneurial opportunity”. 

New York Passes Transgender Anti-Discrimination Law

Thursday, January 24, 2019

On January 15, 2019, the New York Legislature passed a bill that protects transgender people from discrimination and adds gender identity or gender expression as a protected class in employment, housing, places of public accommodations and other areas.  After more than a decade of attempts, the Gender Expression Non-Discrimination Act (GENDA) awaits Governor Cuomo’s expected signature.  

Government Shutdown Continues to Affect Employers

Tuesday, January 15, 2019

As the government shutdown persists, private employers continue to be affected.  As we discussed earlier this month, E-Verify remains shut down.  Employers must continue to manually verify eligibility through the use of I-9 forms.  In addition, the EEOC is mostly shut down, other than a relatively small number of employees still in place to receive new charges so potential charging parties don’t miss the statute of limitations.  Federal courts remain open, but cases involving the federal government are stayed and court staff is reduced. 

Federal Government Shutdown Fallout: How Should Employers Who Use E-Verify Handle The System Being Down

Monday, January 07, 2019

Employers who use E-Verify to comply with their I-9 obligations have not had access to the system since December 22, 2018.  Crucially, however, those I-9 obligations do not cease just because the E-Verify system is down.  Thus, employers are advised to carefully examine new employees’ I-9 documents and complete I-9 sections 1 (by first day) and 2 (by third day) now, and then comply with the E-Verify 3-Day Rule as directed by the Division of Homeland Security (DHS) E-Verify website once it is back online. 

Cuomo Vetoes Addition of Bereavement Leave to Paid Family Leave

Wednesday, January 02, 2019

Governor Cuomo vetoed the bill we described in our last post that would have added bereavement leave to the list of acceptable reasons to take NY Paid Family Leave.  Cuomo indicated that he generally supports increased bereavement leave but felt that the bill, as written, would lead to an “extreme expansion” of Paid Family Leave.  Cuomo argued the bill would necessitate an increase in employee contributions, and felt the financial burden of increased contributions might be too much for some low-wage and middle-class workers. 

Governmental Affairs
13
Once again the COBRA subsidy and unemployment benefit rules have been extended. If you have any questions please contact GVCSHRM Legislative Representative Paul F. Keneally, Esq., Chair Labor & Employment Practice Group, Underberg & Kessler LLP at 258-2882 or keneally@underbergkessler.com

Employers Must Account for Extension of COBRA Subsidy and Unemployment Benefit Rules

3/5/2010 By Edward I. Leeds and Farrah I. Gold
As widely reported in the press, on March 2, 2010, President Barack Obama signed into law the Temporary Extension Act of 2010, which provides short extensions for a number of government programs, including the COBRA subsidy rules and unemployment compensation benefits. Employers will need to consider how these extensions affect the administration of their benefits for terminated employees.

COBRA Subsidy Rules. The date for incurring an involuntary termination of employment that qualifies for the subsidy has been extended by one month, from Feb. 28, 2010, to March 31, 2010. Further extensions are almost certain to be considered in future legislation.

The act makes a few other significant changes. In particular, an individual who does not elect (or elects and then discontinues) COBRA continuation coverage following a reduction in hours will be given a second opportunity to elect continuation coverage and qualify for the subsidy if his or her employment is involuntarily terminated at a later date. The maximum continuation coverage period will be deemed to start as of the date hours were reduced, even though the actual continuation coverage will typically begin when employment terminates. Special notice and election provisions will apply. This change applies only to involuntary terminations of employment that occur on or after the date of enactment.

On a favorable note, the act provides that deference will be given to an employer’s reasonable determination that an involuntary termination has occurred. Employers should retain appropriate documentation supporting the determination, including an attestation by the employer of the involuntary termination of employment.

The act also builds on relevant enforcement provisions, authorizing the government to impose a civil penalty of up to $110 per day if an employer takes more than 10 days to implement a government appeal determination that an individual is eligible for the subsidy.

We expect further regulatory guidance on these new rules to be issued. For more information on the COBRA subsidy rules, click here.

Unemployment Compensation. The act’s unemployment insurance provisions extend various benefit periods. Specifically, the period during which individuals may apply for federal emergency unemployment compensation has been extended from Feb. 28, 2010, to April 5, 2010. Federal emergency unemployment compensation is now payable through Sept. 4, 2010, rather than July 31, 2010.

The act also extends the period during which individuals may qualify for the federal additional compensation, i.e., the amount to which the employee would be entitled under state unemployment compensation law plus an additional $25, from Feb. 28, 2010, to April 5, 2010. Additional compensation shall now be payable through the week ending Oct. 5, 2010, rather than Aug. 31, 2010.

The act extends the period during which extended benefits are 100 percent federally funded to April 5, 2010. States may opt to continue the period of extended benefits to Sept. 4, 2010, rather than July 31, 2010.

Edward I. Leeds is of counsel and Farrah I. Gold is an associate at the law firm Ballard Spahr LLP. © 2010 Ballard Spahr Andrews & Ingersoll, LLP. All Rights Reserved.

Editor’s Note: This article should not be construed as legal advice.

Tools
Print this page
Email to a friend


SPONSORED LINKS
Time & Attendance Systems
Easily collect time data with our exclusive clocks, and manage it through our software, TimeForce.
www.MyTimeForce.com
Improve Hiring with Selection Testing
Tests for over 100 different job titles help you choose the best candidates.
www.resourceassociates.com
Top Performance Review Software
Align goals, track performance year round,easy reviews-Free Demo & Resources
www.sonicperform.com
Hire and Retain the Best Employees
Strategies on how to hire and retain top talent. Download the white paper.
ProfilesInternational.com
Tough Reoragnization Decisions Ahead?
Learn new strategies for successful reorganization, redeployment and recovery.
ProfilesInternational.com
Buy a Link Now






About SHRM HR Disciplines Legal Issues Templates and Tools Publications Research Education Conferences Communities Advocacy

Contact Us Copyright Terms of Use Privacy Updated RSS Advertise Careers with SHRM HR Vendor Directory HR Certification Institute SHRM Foundation SHRM India
Society for Human Resource Management
1800 Duke Street
Alexandria, Virginia 22314 USA Phone US Only: (800) 283-SHRM
Phone International: +1 (703) 548-3440 TTY/TDD (703) 548-6999
Fax (703) 535-6490 Questions? Contact SHRM
Careers Careers @ SHRM

©2010 SHRM. All rights reserved.

Post Rating

Comments

There are currently no comments, be the first to post one!

Post Comment

Only registered users may post comments.