Employment Legislation and Regulations

In today’s global economy, the landscape surrounding immigration issues is becoming increasingly complex. Penalties for violations of federal and state immigration rules extend beyond civil fines to more serious consequences, including but not limited to, criminal liability. Now more than ever companies must stay ahead of the latest in immigration law and compliance. In a three-part webinar series, Mintz Levin’s Immigration Practice aims to arm employers with best practices and tools regarding compliance in key areas of immigration law.

Part I: I-9 Compliance and Best Practices — Monday, May 8, 2017
Part II: E-Verify Compliance and Best Practices — Tuesday, May 30, 2017
Part III: Wages, Recordkeeping, and Job Changes – Compliance in Employment-Based Immigration — Thursday, June 22, 2017

Don’t wait, register for all or any combination of webinars in the Immigration Webinar Series starting May 8, 2017!

We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly with respect to salary history disclosure laws. This is a rapidly advancing area of the law in which we continue to see new developments.

Continue Reading Legislation Limiting an Employer’s Ability to Inquire About and Consider Applicants’ Prior Salary History Gains Momentum

As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following President Trump’s election. President Trump’s first 100 days has already included action on a number of employment and labor law issues we’re following here at Mintz Levin.  The Administration has enacted or signaled changes – some potentially significant – in executive orders and through pronouncements of regulatory and enforcement priorities that promise to impact the field of labor and employment law.  Additionally, the expected confirmation this week of Judge Neil Gorsuch means all hands on deck at the United States Supreme Court, and congressional action so far suggests a potentially employer-friendly climate on Capitol Hill.

Below, we highlight changes in the leadership, regulation, and likely course forward for each of the branches of the federal government, and offer our predictions for 2017 and beyond under the current Administration.  Continue Reading Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

March Madness presents one of those occasions where your employees’ diets and exercise may fall by the wayside, and by the wayside, we mean potentially off a cliff.  And when this happens, your workforce is increasing not just their weight and risk of disease, but it may also increase your cost to employ them.  The productivity time you’re losing when they stop working to watch the games is nothing compared to the loss of productivity and increased health care costs due to poor health.

Continue Reading March Flabness: Wellness Programs, the ADA, and the Rising Costs of Employer-Provided Health Coverage

The 21st Century Cures Act (Cures Act), enacted on December 13, 2016, provides a new opportunity for small employers to help employees pay for health insurance: the “qualified small employer health reimbursement arrangement” (QSEHRA). Under  QSEHRA, certain small employers can give their employees pre-tax dollars to pay for premiums and other medical expenses, so long as the QSEHRA meets certain standards.

Continue Reading QSEHRA – The 21st Century Cures Act Creates a New Health Care Plan Option for Small Employers

The stunning failure of the U.S. House of Representatives to pass the American Health Care Act (AHCA) (which we previously reported on here) has political and policy implications that we cannot forecast. Nor is it clear to us whether or when the Trump administration and Congress will make another effort to repeal and replace, or whether Republicans will seek Democratic support in an effort to “repair,” the Affordable Care Act (ACA). And we are similarly unable to predict whether and to what extent the AHCA’s provisions can be achieved through executive rulemaking or policy guidance. The purpose of this post is not to assess why the AHCA failed, or to speculate on the outcome of any future legislative efforts to repeal and replace the ACA, but rather to offer some thoughts about how the AHCA’s failure will impact employers in the near term. As our title suggests, the news may not be all that bad.

Continue Reading The Future of the Affordable Care Act Week 8: An Employer’s Guide to the Collapse of the American Health Care Act (Spoiler Alert—the News is Not all Bad)

For employers who want to attract and retain the best talent, a robust benefits package is a must. But with political shifts and changing compliance burdens, keeping up with benefits requirements is a daunting task.

First and foremost, employers are concerned about the future of the Affordable Care Act (ACA). The ACA has recently been in the news as a result of the failure of the Republican controlled Congress to pass the American Health Care Act (AHCA). Based loosely on a whitepaper issued by House Speaker Paul Ryan entitled A Better Way, the AHCA was passed by two Committees of the U.S. House of Representatives that collectively were intended to “repeal and replace” the ACA. (We explained the Ryan proposal here, and we cover the implications of the collapse of the AHCA here.)

Continue Reading Mintz Levin Third Annual Employment Law Summit–Panel on Employee Benefits and the future of the ACA . . .

Friendly reminder to our readers that on April 6, 2017, Mintz Levin will be hosting its Third Annual Employment Law Summit at the Princeton Club in New York City.  This half-day seminar will feature as its keynote speaker Liz Vladeck, the Deputy Commissioner for the Office of Labor Policy and Standards at the NYC Department of Consumer Affairs.  Deputy Commissioner Vladeck will discuss NYC’s new Office of Labor Policy and Standards, its initiatives, and enforcement of the expanding universe of NYC employment laws (i.e. Freelance Workers act).  The seminar will also offer various segments on the most important workplace issues of the day, including how the new Trump Administration will impact workplace law, cybersecurity issues in the workplace, equal pay, wage and hour, employee relations, employee benefits, and more – it’s a program that you will not want to miss.  Registration is still open, so if you would like to attend click here.

This event is intended for HR professionals, in-house counsel, and senior executives.

The arrival of March Madness means our firm’s Third Annual Employment Law Summit is just around the corner. Even if you are recovering from a bracket-busting NCAA tournament, we know you will enjoy our panel discussion on The Trump Administration and the Impact on Workplace Law.  Forget a basketball – employers need a crystal ball to predict how the new employment law landscape will impact their human resources policies and practices.

Continue Reading Mintz Levin 3rd Annual Employment Law Summit – What Employers Can Expect from the Trump Administration