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April Updates

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This Short List addresses the following topics:
  1. IRS Issues HSA-Compatible High Deductible Health Plan Guidance in Response to COVID-19
  2. San Francisco, CA: New Minimum Compensation Ordinance Rates Effective July 1
  3. New Jersey: Enforcement Guidance Released on Statewide Equal Pay Act
  4. New York: Workers on Strike Can File for Unemployment After Just Two Weeks
  5. Pittsburgh, PA: Revised Guidelines for Local Paid Sick Leave Available
  6. Utah: Private Employers Need Not Accommodate Medical Marijuana
  7. Virginia: Hairstyle, Type and Texture Protected from Racial Discrimination

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New Form W-4 Does Not Apply to All State Tax Withholding – Are You Using the Right Forms?

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January 1, 2020

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In December 2019, the IRS issued a new Form W-4 to reflect the elimination of withholding allowances because individuals can no longer claim personal or dependency exemptions. While this was intended to allow for more accurate federal tax withholding calculations, it raises the question of what employers should do with respect to state tax withholding requirements.

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Tenth Circuit: Changing Termination Reasons Held as Pretext for Employment Discrimination

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May 15, 2018

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The Tenth Circuit Court’s decision in Fassbender v. Correct Care Sols., LLC, reminds employers of the importance of weighing termination decisions with care.  In Fassbender, an employer’s decision to terminate a pregnant employee was determined to be a pretext for discrimination, due in part to the employer’s inconsistent reasoning for the termination.

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CO, ID, UT: Recent Restrictive Covenants Updates in Colorado, Idaho, and Utah

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Colorado

On April 2, 2018, the Colorado governor signed SB 18-082, which amended state law related to physician noncompete agreements, allowing physicians to disclose their continuing practice and contact information to a patient with a rare disorder whom they have been providing treatment. This amendment is meant to avoid disruptions in treatment for patients with rare disorders. Review the recent bill here.

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Tenth Circuit: “Job-Protected” Leave Does Not Necessarily Protect Employees from Misconduct

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August 26, 2016

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The Tenth Circuit recently stated that employers can implement disciplinary action against employees who are currently on job-protected leave when evidence of misconduct is discovered during the employee’s leave of absence.

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State of Utah Enacts Social Media Password Law – Effective May 14, 2013

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March 14, 2013

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On May 14, 2013, the Internet Employment Privacy Act (IEPA) becomes law in the state of Utah. This law prohibits employers from requiring employees or job applicants to disclose their password(s) or user name(s) for personal social media accounts. Utah joins the states of California, Delaware, Illinois, Maryland, Michigan, and New Jersey who have enacted similar legislation.

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