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The District of Columbia recently joined twelve other states[1] that have enacted laws requiring employers to accommodate certain limitations associated with pregnancy.  The Protecting Pregnant Workers Fairness Act (the “Act” or “PPWFA”) of 2014 was passed on October 23, 2014 and is under Congressional review.  It is currently expected to become effective on March 3, 2015.
Continue Reading Get Ready! DC’s Protecting Pregnant Workers Fairness Act Currently Expected To Take Effect On March 3, 2015

The U.S. Department of Labor has proposed amending the regulatory definition of “spouse” under the Family and Medical Leave Act to expressly include individuals in same-sex marriages.

In a Notice of Proposed Rulemaking published on June 27, 2014, the DOL proposed the revision in light of the recent United States Supreme Court decision in United States v. Windsor, which found unconstitutional those provisions of the Defense of Marriage Act that prohibited federal recognition of same-sex marriages.Continue Reading DOL Proposes to Amend FMLA Definition of “Spouse” to Include Same-Sex Marriages

On June 30, 2014, the US Supreme Court decided the case of Burwell v. Hobby Lobby Stores, Inc. in a 5-4 decision along partisan lines.  The Court ruled that closely held, for-profit companies are entitled to certain religious freedom protections from generally applicable regulations that violate the sincerely held religious beliefs of their owners.  Specifically, the majority held that such companies are exempt from the requirement under the Affordable Care Act (the “ACA” a/k/a Obamacare) to provide birth control coverage for their employees.
Continue Reading The Supreme Court’s Ruling in Hobby Lobby that Closely Held, For-Profit Companies Should Receive Religious Exemptions From ObamaCare’s Conception Mandate Likely Will Have Little Practical Impact Immediately in the Employment Arena

On October 1, 2013, the San Francisco Board of Supervisors approved an ordinance that will give employees the right to request flexible work arrangements to assist with caregiver responsibilities.  San Francisco employers will be required to consider and respond to all such requests in a formal manner.Continue Reading The Increasing Cost of Doing Business in San Francisco: Board of Supervisors Approves Family Friendly Workplace Ordinance

The Internal Revenue Service (“IRS”), the Employee Benefits Security Administration (“EBSA”) and the Department of Labor (“DOL”) have recently provided new guidance with respect to how lawfully married same-sex spouses will be treated under federal tax laws, the Employee Retirement Income Security Act (“ERISA”) and the Family and Medical Leave Act (“FMLA”).Continue Reading IRS, DOL and EBSA Issue Post-DOMA Guidance Regarding Treatment of Same-Sex Spouses

By Karin Johnson and Megan Grant*

When the Supreme Court issued its opinion in U.S. v. Windsor on June 26, it invalidated the federal definitions of “spouse” and “marriage,” and, in so doing, altered employer obligations with respect to same-sex marriages. Although the media coverage of this decision has understandably focused on other implications of the decision, it inevitably creates new challenges for employers. In this post, we will provide insight into how the decision will affect employers moving forward and provide suggestions as to how employers can best prepare in the face of new areas of uncertainty created by this decision.Continue Reading Considerations for US Employers Post-DOMA

As previously reported, on May 8, 2013, the New York City Council, by a vote of 45-3, passed the Earned Sick Time Act (the “Sick Leave Act”). On June 7, 2013, Mayor Bloomberg vetoed the Sick Leave Act, citing a possible chilling effect on hiring. As expected, on June 27, 2013, the City Council overrode Mayor Bloomberg’s veto by a vote of 47-4, setting the implementation of the Sick Leave Act in motion.
Continue Reading UPDATE: New York City Council Overrides Mayor Bloomberg’s Veto And Enacts The Earned Sick Time Act Requiring Mandatory Paid Sick Leave

As the end of 2012 approaches, we consider what a notable year it has been for the future of healthcare reform, starting with the United States Supreme Court’s decision to uphold key provisions of the Patient Protection and Affordable Care Act (“PPACA”), and culminating with the November elections. Since PPACA’s enactment in 2010, employers have seen the roll out of various new requirements and disclosure obligations with respect to the healthcare benefits provided to employees. As we move closer to PPACA’s “individual mandate,” which becomes effective in 2014 and is viewed as the hallmark of the healthcare reform legislation, the following is a summary of certain requirements that employers should be aware of for 2013.Continue Reading What Employers Need to Know About Healthcare Reform for 2013

On March 30, 2010, President Obama signed into law the Health Care and Education Reconciliation Act of 2010 ("Health Care Act"), which amended the Patient Protection and Affordable Care Act ("Patient Protection Act") that was signed into law only a few days prior on March 23, 2010. The Health Care Act contained provisions proposed by President Obama and requested by various members of Congress after the Patient Protection Act had already been passed by Senate in December 2009. This new law, which was designed to provide coverage to millions of Americans who are uninsured or underinsured, makes broad changes to the nation’s health care system, and will have both an immediate and long-term impact on employers and their benefit plans. Below is a brief overview of important aspects of the law which will affect employers in the next year as well as certain other provisions with later effective dates.Continue Reading Navigating Through Health Care Reform: Important Information For Employers