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February Updates

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This Short List addresses the following topics:
  1. IRS Mileage Rates for 2020
  2. Fair Chance Act Now Applies to Federal Contractors and Agencies
  3. ACA “Cadillac Tax” Repealed
  4. California: Employer Fails to Provide Legal Business Name on Wage Statement
  5. Michigan: Paid Sick Leave and Minimum Wage Update
  6. New Jersey: Medical Marijuana is a Reimbursable Medical Expense
  7. New York: Tipped Workers in Some Industries Must Soon be Paid Full Minimum Wage
  8. New York: Companies Must Report Number of Women on Boards of Directors
  9. New York: Farm Laborers Fair Labor Practices Act on Temporary Hold

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Expanded Moral Exemptions to ACA’s Contraception Mandate Struck Down Again

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July 12, 2019

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In Commonwealth of Pennsylvania v. President of the United States, the Third Circuit Court of Appeal stated that the Trump administration’s rules expanding employer exemptions to the contraceptive mandate for religious or moral objections were not enforceable. Specifically, the final rules failed to follow the proper administrative procedures for enacting rules, because no public comment period was offered. Additionally, the court stated that the rules were not authorized by law, making them arbitrary, capricious, and an abuse of discretion.

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November Updates

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This Short List addresses the following topics:
  1. U.S. DOJ Reverses Obama-Era Stance on Transgender Workplace Protections
  2. IRS Releases 2017 Reporting Forms
  3. California: Bill Signed to Promote Fairness in Prop 65 Litigation
  4. New York: NYDOL Issues Emergency Regulation on In-Home Residential Care Worker Compensation
  5. New York City: City Issues Guidance on Salary Inquiry Prohibitions

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Cures Act Restores Stand-Alone HRA Plans for Small Employers

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All Employers of fewer than 50 Full-Time Employees

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Effective for Plan Years 2017

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On December 13, 2016, President Obama signed the 21st Century Cures Act (the “Act”), which allows qualified small employers of fewer than 50 full-time employees to offer a stand-alone Health Reimbursement Arrangement (“HRA”) option to employees.  This stand-alone HRA option is available for plan years beginning in 2017 for employers that are not Applicable Large Employers (“ALE”) under the Affordable Care Act (“ACA”).

OSHA Issues Final Rule on Handling ACA Retaliation and Whistleblower Complaints

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October 13, 2016

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On October 13, 2016, the Occupational Safety and Health Administration (“OSHA”) released final regulations regarding whistleblower complaints under the Affordable Care Act (“ACA”).  The Final Rule (“Rule”) is intended to protect employees who report alleged violations of the ACA, or who receive a premium tax credit or cost-sharing reduction for enrollment in a qualified health plan.  Overall, the rule is very similar to the interim rule implemented in 2013.  However, there are some changes that address procedures and timeframes for employee complaints, OSHA investigations, administrative review procedures, and more.

Supreme Court Rules Businesses Can Opt Out of Providing Contraceptives for Religious Reasons

APPLIES TO All Employers and Employees EFFECTIVE June 30, 2014 QUESTIONS? Contact HR On-Call (888) 378-2456 In a landmark ruling on June 30, 2014, the Supreme Court ruled in Burwell v. Hobby Lobby that for-profit employers with religious objections may opt out of providing contraceptive coverage to employees under the Affordable Care Act for religious reasons. […]

ACA Employer Notice of Exchange Coverage Deadline Delayed

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NO LONGER effective as of March 1, 2013

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The Department of Labor has announced that the requirement for employers to provide notice of Insurance Exchanges to their employees will not take effect on March 1, 2013 as it was originally scheduled. The Affordable Care Act (ACA) amended the Fair Labor Standards Act (FLSA) requiring employers to send a notice describing certain elements of exchanges and subsidy eligibility to employees by March 1, 2013.

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