The uncertainty of the implications of the Affordable Care Act (health care reform), the current debate over the debt ceiling, federal sequestration and the ever-changing regulatory and legislative environment continue to serve as key sources of confusion and concern for businesses and organizations across the U.S.
On Wednesday, October 9, 2013, from 10 – 11 am eastern, join members of Drinker Biddle’s Lobbying & Advocacy Team and Employee Benefits & Executive Compensation Practice Group for a complimentary webinar that will review the current state of federal fiscal and health policy and outline what you and your company or organization need to know about what’s ahead. The webinar also will provide the tools you need to successfully navigate these unpredictable business, economic and political climates.
Heather B. Abrigo, Counsel, Drinker Biddle
Jodie Curtis, Senior Government Relations Director, Drinker Biddle
Nick Araco, Director of Growth Strategies, Drinker … Read More »
Understanding and Preparing for the Changes Coming in 2014
The Patient Protection and Affordable Care Act (ACA) represents the most dramatic change in U.S. health care policy since the introduction of Medicare in 1965. The ACA contains many requirements that can significantly impact your company’s bottom line.
Join Drinker Biddle and The CEO Trust for a panel discussion on some of the key provisions of the ACA and what your business can and should be doing to address them. Topics will cover:
Required changes in employee health plan options
Formulating an insurance strategy tailored to meet the needs of your business
The latest from Capitol Hill and last minute efforts to meet the January 2014 insurance exchange deadline
Date: Tuesday, October 15, 2013
Time: 8 – 8:30 a.m.
Location: Drinker Biddle & Reath
One Logan Square
18th & Cherry Streets
Philadelphia, PA 19103-6996
Chuck Steege, President, SFG Wealth Planning Services, Inc.
Matt Amodeo, Partner, Drinker Biddle
Julie Allen, Government … Read More »
By: Laurie A. Holmes and Aaron M. Moyer
Familiar with this? It’s time to update your affirmative action plans. For the women and minorities plan, you gather your applicant data, prepare spreadsheets and update your written materials to reflect new goals and changes in your recruiting sources. For the veterans and individuals with disabilities plan, you update a bit and you’re done. Starting early next year, however, the rules will change making updates more onerous for employers. On August 27, 2013, the Office of Federal Contract Compliance Programs announced final rules for federal contractors regarding hiring and employment of disabled individuals and protected veterans and imposing new data retention and affirmative action obligations on contractors. The rules are expected to be published in the Federal Register shortly and will become effective 180 days later.
The key changes include:
Benchmarks. Contractors must establish benchmarks, using … Read More »
By: Mark D. Nelson
Effective January 1, 2015, almost 2 million home health and personal care workers will be entitled to be paid at least the federal minimum wage and receive overtime pay, under a final rule announced by the U.S. Department of Labor on September 17. According to new Secretary of Labor Thomas Perez, the final rule will give home care workers “parity” with direct care workers who work at institutional settings and will “ensure that direct care workers are available to elderly people who want to remain in their homes.”
The new rule will apply to all home care workers, including live-in workers, who are employed by a third party such as a home health agency. The rule will also require the family of an elderly or ill person when the worker performs medical duties or primarily performs domestic duties … Read More »
New Jersey Legislative Update: Pay Equity Protection, Social Media and Employer Responses to Unemployment Insurance Requests for Information
By: Marion B. Cooper
August was a busy month for New Jersey lawmakers with Governor Christie signing two bills, one regarding pay equity and one concerning personal social media accounts that he had conditionally vetoed earlier, and a bill regarding the impact of an employer’s failure to respond to a request for information for purposes of unemployment insurance benefits. As described below, each bill will impact an employer’s compliance obligations and should be appropriately integrated into management practices.
Assembly Bill No. 2648 (A-2648), signed by the Governor on August 29, 2013, is a pay equity protection measure amending the New Jersey Law Against Discrimination (NJLAD) to bar employers from retaliating against employees who share information about the job title, occupational category or rate of compensation and other employment matters, or the gender, race or other protected characteristic of current or former co-workers … Read More »
Los Angeles Partner Kate Gold and associate Elena Min recently authored for The Daily Journal an article on changes to Section 218.5 of California’s Labor Code. The change, enacted through Senate Bill 462, curbs an employer’s ability to recover prevailing party attorney fees and costs in a lawsuit seeking unpaid wages, fringe benefits, or health and welfare or pension fund contributions.
Scheduled to go into effect January 1, 2014, the amendment limits recovery of attorney fees and costs by a prevailing employer “only if the court finds that the employee brought the court action in bad faith.”
Kate and Elena said the amendment “strips employers of one possible weapon in their arsenal for deterring nonmeritorious wage and hour claims.”
“Attorneys for plaintiffs and defendants will likely disagree with the consequences of the amendment as well as its premise – that the two-way fee … Read More »
New Jersey Federal Court Finds that the Stored Communications Act Protects Employee’s Non-Public Facebook Wall Posts – But Also Provides Guidance on Whether An Employer Can Take Action Based on The Unsolicited Receipt of An Offensive Post
By: Lynne Anne Anderson
Facebook continues to be the new “water-cooler” as co-workers regularly “friend” each other and allow access to their “wall” posts. New Jersey’s Federal District Court recently addressed the issue of whether a Hospital’s decision to suspend a nurse based on a post on her Facebook wall – which it received unsolicited from a co-worker who was a Facebook friend of the nurse – violated the Federal Stored Communications Act (“SCA”), 18 U.S.C. § 2701-11. The Court also addressed the nurse’s related invasion of privacy claim. Ehling v. Monmouth-Ocean Hospital Service Corp., 2013 U.S. Dist. LEXIS 117689 (8/20/13). [Opinion]
The nurse was a Hospital employee who maintained a personal Facebook account. She chose privacy settings that limited access to her “wall” to her Facebook ‘friends,” including one of her co-workers. Following the 2009 shooting at the Holocaust museum, the nurse … Read More »
Audiocast – Impact of DOMA and Proposition 8 on California Employers – September 9, 2013 at Noon Pacific
The recent Defense of Marriage Act “DOMA” ruling has caused some concerns for human resources professionals and in-house counsel of companies headquartered or doing business in California. Those concerns include: (i) how will DOMA impact their policies, (ii) how will it affect benefit plans and retirement plans, and (iii) what does the ruling mean for employers, in connection to Proposition 8?
Please join four of our California-based Drinker Biddle lawyers from our new cross-over group, “California HR,” as they present a one hour audiocast to discuss these issues and the impact of DOMA and Proposition 8 on California employers.
Kate Gold, Partner
Summer Conley, Counsel
Cheryl Orr, Partner
Heather Abrigo, Counsel
This complimentary presentation will address:
Possible changes California employers need to make to welfare benefit and retirement plans.
How beneficiaries are now determined.
What documentation employers can require in confirming a domestic partnership or same sex marriage?
The intersection between DOMA and … Read More »