As employers are well-aware, the Affordable Care Act (ACA or “Obamacare”) imposes certain minimum employee health insurance coverage requirements for employers that employ 50 or more fulltime employees (aka “applicable large employers”). Employers who do not meet the employee coverage mandate face statutory penalties for non-compliance. In the face of these additional costs, some employers
Brian Carnie
Act Now
From New York to Hollywood and now New Orleans, well-publicized allegations of sexual harassment have dominated the news. Click here for a recent CNN article on a recent issue. Sexual harassment is unlawful and can lead to much bigger issues than bad press. Click here for information on sex-based discrimination from the U.S. Equal Employment…
Judge Strikes Down OT Rule
A Federal District Judge in Texas struck down an Obama administration Department of Labor Wage and Hour Division rule that would have nearly doubled the salary basis requirement for some exempt employees. Had the rule remained in place, for certain exempt employees, employers would have had to roughly double the exempt employees’ salaries to maintain…
ADA Access: “Drive By” or “Google” Lawsuits and the Americans with Disabilities Act?
Disability access lawsuits have become a cottage industry and they have found their way into Louisiana, Texas and Arkansas. Most are brought by the serial litigants working with same law firm. These plaintiffs visit a business for the primary purpose of discovering an Americans with Disabilities Act (ADA) accessibility violation and then file a federal…
Breaking: New FLSA Salary Rule Enjoined by Court
A federal district judge in Texas has entered a nationwide injunction which prevents the U.S. Department of Labor’s new FLSA minimum salary level rule from going into effect on December 1, 2016. Prior to today, the DOL’s new rule would have nearly doubled the minimum weekly salary required in order to be exempt under the…
Some (But Not All) ACA Deadlines Extended for 2016 Reporting Year
On Friday, November 18, 2016, the IRS announced an automatic extension of the Affordable Care Act deadlines for distributing the 1094-B/1095-B and 1094-C/1095-C forms to employees. This relief gives applicable employers an additional 30 days (from January 31, 2017 to March 2, 2017) to deliver these forms to employees. This relief only applies for the…
Decision on Fair Labor Standards Act Expected Next Week?
Could a decision on the challenge to the U.S. Department of Labor’s new salary basis rule be coming soon? Employment Law360, a national, daily legal news service, reported this morning that a Texas Federal Judge would decide by Tuesday, November 22, whether to stop the new overtime rules from taking effect on December 1.
The…
Employees and Time Off to Vote
Record breaking voter turn out is expected on Tuesday. Employers should be aware that neither federal nor Louisiana law requires an employer to give an employee time off to vote, but Louisiana law does forbid employers from discriminating against an employee based on his or her political beliefs. It also prohibits all employers from attempting…
The Flood of 2016: Employment Issues For Businesses
As the flood waters begin to recede, and South Louisiana begins to dry out and recover from the recent flooding, Louisiana employers also face recovery issues, including how to address employee needs. Although there is no rule of thumb that applies to all situations, common sense, consistency, and compassion can go a long way. Flexibility,…
The Final OT Rules Are Out – Time For Action!
The wait is over (for better or worse) – the DOL has released its final rule concerning changes to the salary requirements to be exempt from the overtime pay requirement under the Fair Labor Standards Act (FLSA).
Under the final rule, the DOL has increased the minimum salary threshold that must be paid in order…