Insight and Information on Louisiana Law, Litigation, and Legal Culture
In a unanimous 3-0 decision, on January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit Court held that President Obama’s three recess appointments to the National Labor Relations Board exceeded his Constitutional authority.
Articles on this decision can be found here, and here.
The decision calls into question all of…
In 2013, business owners with 50 or more full-time employees are expected to be finalizing their plans in response to the employer mandate health care reform, which becomes effective in 2014. Among the choices for business owners will be complying with the employer mandate or planning to pay the penalties for opting out, or executing plans to avoid the employer mandate by trimming their workforce or selling all or a portion of their business before 2014.
Beginning January 1, 2014, the so-called “employer mandate” under the Patient Protection and Affordable Care Act (t he “PPACA”) requires employers with 50 or more full-time equivalent employees (“FTEs”), with “full-time” defined as working at least 30 hours per week, to offer “minimum essential” and “affordable” health insurance to those employees and their dependents. Employers who do not comply will be subject to potentially significant penalties. Employers are not required to provide health care coverage for part-time employees, however, part-time employees must be counted as partial employees when determining whether an employer has 50 FTEs. There will also be various other new requirements under the PPACA effecting employers beginning in 2014 that are beyond the scope of this piece.
Many business owners are considering what they can do to get their FTE count below 50 and avoid the employer mandate and the associated cost increases and regulatory burdens. Beware, however, that a reduction below this threshold effective January 1, 2014 may not avoid the employer mandate. The proposed regulations provide that a business could be subject to the employer mandate if during 2013 it averaged 50 or more FTEs. Employers would have the option to determine their 2013 headcounts by averaging the full 12 months of 2013 or any consecutive six-month period during 2013. These regulations are in the process of being promulgated and are not yet final.
Additionally, the rules regarding who is an “employer” are not straight forward and contain traps for the unwary, and can render some plans to dodge the employer mandate ineffective. Similarly, having a basic understanding of the rules should alert business owners to seek advice if two or more related businesses may be considered as a single “employer” under the employer mandate rules.Continue Reading The Employer Mandate Health Care Reform: A Decision Point For Smaller Companies
Employers find themselves in uncharted territory when it comes to responding to social media activity by their employees, particularly in the wake of a series of reports issued by the National Labor Relations Board’s acting general counsel. But on September 28, 2012, in the Board’s first decision involving a discharge for Facebook postings, the NLRB…
The label says the milk is expired, but can you really drink it? The U.S. Citizenship and Immigration Service (USCIS) announced through its website that employers should continue to use the current I-9 form after August 31. The current I-9 form was revised August 7, 2009 and “expires” on August 31, 2012. The USCIS announced…
On May 30, 2012, the National Labor Relations Board’s acting general counsel issued a third report on social media cases. The NLRB released two previous memoranda on social media cases (in January 2012 and August 2011), which analyzed discharges and other employment decisions based on employee Facebook posts. This time, the report focused exclusively on…
On March 21, 2012, A. Edward Hardin, Jr. told our readers about the National Labor Relations Board’s continued efforts to implement its August 30, 2011 rule that would require most private sector employers to post an 11 x 17 inch notice that advises employees of their rights under the National Labor Relations Act. After a…
There are many federal and state posting obligations. You can now add another poster to the list. As of April 30, 2012, most private sector employers will be required to post an 11 x 17 inch notice from the National Labor Relations Board that advises employees of their rights under the National Labor Relations Act. …
The start to a new year means a time of change for many employers. This year, however, employers are facing added uncertainty in light of an informal discussion letter issued by the Equal Employment Opportunity Commission. In that letter, the EEOC inserted an additional dimension into the already-challenging pre-employment inquiry and applicant screening process by…
True threats of violence or just talk? The District of Columbia Circuit Court recently enforced an NLRB order in favor of two former employees who were fired for making alleged threatening remarks to a supervisor. The supervisor had orally warned a group of employees who had exceeded the time for their break period. Two employees…
Louisiana legislators passed two new laws during the most recent Legislative Session placing additional requirements on employers to check the citizenship status of employees.
Act 376 provides for the verification of employees engaged only in public contract work by enacting La. R.S. 38:2212.10. The new law provides that a private employer shall not bid on…
