Employment & Labor

By Paul A. Friedman on November 16, 2018

This is another blog on our monitoring the status of defined benefit multi-employer pension funds. Since this author last wrote to you, it has been revealed that the Central States Pension Fund is scheduled to become insolvent sometime in 2025. Worse yet, it has been announced that the multi-employer fund of the Pension Benefit Guaranty Corporation (“PBGC”) which was structured to assist insolvent multi-employer pension funds is also projected to run out of money…

Labor Days

New York City Releases Clarification on Anti-Sexual Harassment Training Requirements

By Barbara E. Hoey & Steven R. Nevolis on November 16, 2018

New York City employers were given some clarity this week regarding their obligations under the City’s Stop Sexual Harassment Act, as the New York City Commission on Human Rights released new FAQs about the law (found here). These FAQs touch on training and posting requirements that all employers should be aware of. Training Requirements The FAQs provide guidance on the types of employees and workers that employers must train. Specifically, the FAQs state…

Labor & Employment Report

Employers Beware: What You Say Can and Will Be Used Against You!

By Darryl McCallum on November 16, 2018

Any HR professional who has dealt with the Family and Medical Leave Act knows that determining when and how the statute applies can be very tricky. One thing that is clear, however, is that employees who have worked for less than one year and have not worked a total of 1250 hours are not eligible for FMLA leave and thus are not protected by the statute. Or so we thought! A case from last week,…

HR Legalist

Farewell 20% Rule – DOL Clarifies Eligible Duties for Tip Credit

By Jeffrey B. Cadle on November 16, 2018

On November 8, 2018, the U.S. Department of Labor (DOL) reissued a previously-withdrawn opinion letter from 2009 (available here) that clarified its position on when employers can use the tip credit under the Fair Labor Standards Act (FLSA). Under the FLSA, an employer may pay tipped employees an hourly rate of $2.13 and take a “tip credit” for the difference between the wage paid and the federal minimum wage, which is presently $7.25.[1]…

Employee Benefits Blog

Increase in Health FSA Contribution Limit Just Announced

By Jacob Mattinson on November 16, 2018

Yesterday, November 15, 2018, the Internal Revenue Service (IRS) increased the annual maximum salary reduction limit for contributions to a health flexible spending account to $2,700. The 2019 contribution limit was published in Rev. Proc. 2018-57. The 2018 contribution limit was $2,650, resulting in an increase of $50 for 2019. An employer may use the increased limit for both health flexible spending accounts and limited purposed health flexible spending accounts that it maintains for…

Michigan Employment Law Advisor

Michigan Lame-Duck Session Fast-Tracks Proposals for Altering Awards of Attorney Fees

By Jason Shinn on November 16, 2018

Two bills are being fast-tracked through a Michigan lame-duck legislative session that would fundamentally alter the State’s legal system regarding awarding attorney fees to a prevailing party. Specifically, the two bills were introduced on November 8, 2018, and are: SB 1182 Civil procedure; costs and fees; attorney fees; require the award to the prevailing party. Amends 1961 PA 236 9MCL 600.101 – 600.9947) by adding sec. 2443; and SB 1183 Civil procedure; costs…

Take Stock: Federal Policy Watch

Congress: Week in Review

By Michael Drobac, Greg Walden, Amanda Armistead, Casey Duggan & Lauren Stroupe on November 16, 2018

The House and Senate both returned to Washington on Tuesday to begin a post-election, lame duck session. In the lower chamber, House members considered a number of bills under suspension as well as a measure to remove the grey wolf from the Endangered Species list. Meanwhile, the Senate took up Michelle Bowman’s nomination to sit on the Federal Reserve Board of Governors and a Coast Guard reauthorization bill that has already passed the House. On Monday, Senate Commerce Committee…

Café con Labor

Los empleadores tienen que negar esta petición de empleado: “Por favor no se lo diga a nadie, excepto mi supervisor.” . .”

By Lisa Berg & Ingrid Ponce on November 16, 2018

Señores de Recursos Humanos: ¿han tenido alguna vez un empleado que les dice que la o lo está acosando alguien que trabaja con ellos, pero entonces les suplica que mantengan la queja confidencial? La mayoría de las veces, los empleados les piden a los empleadores que no investiguen las causas de su preocupación porque les da vergüenza o temen represalias. Los empleadores que aceptan esas solicitudes de confidencialidad, sin embargo, lo hacen a su propia…

EEOC Year-End Countdown

An Agency Building Momentum: EEOC Report Card Touts Millions In Recoveries, Committed Focus On Sexual Harassment

By Seyfarth Shaw LLP on November 16, 2018

By Gerald L. Maatman, Jr., Christopher J. DeGroff, Matthew J. Gagnon and Alex W. Karasik Seyfarth Synopsis: On November 15, 2018, the EEOC released its annual Performance and Accountability Report (‘PAR”) for Fiscal Year 2018 (here) – a year-end report card of sorts, and a critical publication for employers to consider as they analyze the EEOC’s activities over the past year, and its anticipated direction for the future. In its…

Workplace Class Action Blog