693 items, 20 items per page
- In August 2015, the City of Pittsburgh, Pennsylvania, enacted a paid sick leave law (see our previous Labor and Employment Alert on the ordinance). The ordinance would have required all private employers in the City of Pittsburgh to provide their eligible employees with at least one hour of sick leave for each 35 hours worked.
- On January 11, 2016, the Office of Federal Contract Compliance Programs (OFCCP) final rule on pay transparency became effective. The rule implements Executive Order 13665, issued in April 2014, prohibiting federal contractors from discharging or discriminating against an employee or applicant "because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant" (See our previous Labor and Employment Alert on the final rule). The OFCCP’s final rule applies to all federal contractors with contracts in excess of $10,000 entered into or modified on or after January 11, 2016.
- On January 5, 2016, New York City Mayor Bill de Blasio signed into law legislation prohibiting employment discrimination based on an individual’s actual or perceived status as a caregiver.
- Labor and Employment Alert: Form 1095 Deadlines Extended and Other December Developments Impacting Health Benefits
In a welcome development, the IRS announced on December 28, 2015 (IRS Notice 2016-04) the following extensions of Form 1095-C and Form 1095-B deadlines:
Original Deadline New Extended Deadline Distribution to employees February 1, 2016 March 31, 2016 (2-month extension) Electronic filing with IRS March 31, 2016 June 30, 2016 (3-month extension) Paper filing with IRS* February 29, 2016 May 31, 2016 (3-month extension)
* Paper filing is only permitted if an entity is filing fewer than 250 Forms 1095-C or 1095-B.
- In October 2015, Representative Tom Brinkman introduced House Bill 377 in the Ohio General Assembly to make Ohio the nation’s 26th right-to-work state (along with Alabama, Arizona, Arkansas, Kansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming).
- On January 1, 2016, the Texas Open Carry Law becomes effective. The new law allows a person with a concealed handgun license to carry a holstered handgun in plain view in any public place where a concealed handgun is otherwise permitted.
- In November 2015, the Ohio House of Representatives passed a bill (House Bill 48) to expand Ohio’s concealed weapons law.
- Jackie Ford, a partner in the Vorys Houston office and a member of the labor and employment group, authored an article for Texas Lawyer titled “Houston HERO Defeat Doesn't Mean End of Discrimination Protections for LGBT.”
- As more employers consider paying their employees with payroll debit cards, they need to be aware of lawsuits challenging the practice and what sparked those suits. In several cases, employees argued that the payroll cards imposed fees for withdrawals, transfers, balance inquiries, and/or inactivity, which allegedly made it impossible for employees to obtain their full, earned wages.
- The Bipartisan Budget Act of 2015 (11/2/2015) includes a rare bipartisan amendment to the Affordable Care Act (ACA). The ACA would have required that employers with 200 or more full-time employees auto-enroll their full-time employees in health coverage.
- The federal bipartisan budget contained a little-noticed provision entitled the Federal Civil Penalties Inflation Adjustment Act Improvements Act. This Act requires the Occupational Safety and Health Administration (OSHA) to increase its monetary penalties for the first time since 1990.
- In October 2015, the Occupational Safety and Health Administration (OSHA) announced that it will soon issue a final rule concerning safety incentive programs that reward employees for low accident levels.
- Following a growing trend among cities nationwide, Minneapolis is weighing a plan to require employers operating within the city to provide employees with extensive paid sick leave. In April 2015, the Minneapolis City Council passed a resolution creating a workgroup, known as the Working Families Agenda, to develop policy proposals on issues affecting low-income workers.
- On October 6, 2015, the District of Columbia Council introduced the “Universal Paid Leave Act of 2015,” which would require up to 16 weeks of paid family leave and 16 weeks of paid medical leave per year. Although just introduced, the legislation currently has the support of a majority of the D.C. Council. If enacted, it will affect the budget and operations of D.C. employers.
- Beginning January 1, 2016, California may have the most stringent equal pay law in the country. California’s new Fair Pay Act makes it easier for plaintiffs to assert gender-based wage claims and more difficult for employers to defend against them.
- Labor and Employment Alert: A Small But Meaningful Change to California’s Private Attorneys General Act for EmployersOn October 2, 2015, California enacted AB 1506 to amend its Private Attorneys General Act (commonly referred to as PAGA) to address the increase in class action litigation over minor, technical violations of itemized wage statements.
- Labor and Employment Alert: The OFCCP Launches ‘Class Member Locator’ Website to Troll for PlaintiffsThis week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) commenced its “Class Member Locator” website in support of the president’s Transparency and Open Government Initiative. The website’s purpose is to identify and “locate as many class members as possible” who may have been victims of discrimination with a federal contractor.
- The National Labor Relations Board (NLRB) released its most recent in a string of pro-union decisions in the form of a new guidance memorandum from its General Counsel (GC). In the “quickie” or “ambush” election rulemaking, the NLRB had directed the GC to issue guidance on whether electronic signatures should be accepted for the showing of interest required of a union.
- Nelson Cary, a partner in the Vorys Columbus office, and George Stevens, an associate in the Columbus office, co-authored an article for Employment Law360 titled “When Calling The Police Is Permissible Under Labor Law.”
- On September 11, 2015, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its Final Rule on pay transparency in federal contracts. According to the Department of Labor (DOL), this rule “provides a critical tool to encourage pay transparency, so workers have a potential way of discovering violations of equal pay laws and can seek appropriate remedies.”