COBRA Subsidy Extended - AGAIN! - March, 2010

 

Effective March 2, 2010, the Temporary Extension Act of 2010 once again extends and makes other changes to the COBRA premium subsidy originally created by the American Recovery and Relief Act of 2009 (ARRA). Under the ARRA, as extended by the 2010 Defense Appropriations Bill, provided a COBRA premium subsidy for certain employees (and their families) “involuntarily terminated” between September 1, 2008 and February 28, 2010. The new Extension Act extends this eligibility period for an additional month – through March 31, 2010. Read more >

 

Revised FTC Guidelines - February, 2010

 

Pursuant to new Federal Trade Commission Guidelines any unsubstantiated or misleading statements concerning an employer’s products or services made by employees on blogs, online message boards, and social networking websites can now subject employers to a $16,000 civil penalty. The Guidelines further provide that the statements made by employees need not be sponsored or approved by the employer for it to be liable. Read more >

 

M+N Hiring Process Guidance - February, 2010

 

Our clients lament to us that one of their greatest human resources challenges is hiring reliable, qualified employees. Employment laws place ever growing restrictions on the ability of employers to ask questions and get information about job candidates. The M+N Hiring Process Guidance leads employers through the hiring process toward the goal of selecting the best candidate while minimizing legal liability. Read more >

 

Using ADR to Manage the Risks of Employment Claims - February, 2010

 

Recent studies have underscored a built-in jury bias toward employers in employment lawsuits. This bias may explain the increasing risk of runaway jury verdicts both inside and outside Ohio, including a recent string of multi-million dollar verdicts against Ohio employers in single plaintiff discrimination cases in 2008 and 2009.  Read more >

 

Federal Sexual Orientation Legislation - September, 2009

 

In the last year Ohio has recognized two new protected classes:  “military status,” which was part of the Ohio Veterans Package, and “genetic information,” which was enacted nationwide as part of the Genetic Information Non-Discrimination Act (GINA).  As a result, Ohio employers are now prohibited by law from discrimination on the basis of military status or genetic information. Read more >

 

Recent Federal Activity Regarding Hiring Requirements - August, 2009

 

The federal government has taken three actions recently that affect all employers regarding their hiring process and requirements.  Employers must be aware of these requirements as the failure to take appropriate action could result in civil and/or criminal action and penalties. Read more >

 

EFCA Introduced In Congress - March 12, 2009

On March 10, 2009, the Employee Free Choice Act (“EFCA”) was introduced in both the House of
Representatives and the Senate. As we previously have reported to you, EFCA would force an
employer to recognize and bargain with a union if the union obtained authorization cards from a
majority of employees in an appropriate bargaining unit. While theoretically a secret ballot election
still could be held in instances where authorization cards had been signed by 30% to 50% of
employees in the bargaining unit, in practice unions nearly always obtain authorization cards from a
majority of employees before filing a petition with the NLRB. If EFCA becomes law, there would be
no reason for a union to risk losing an election when it can be certified as the bargaining
representative upon obtaining signed authorization cards from a majority of the employees. Read more >

 

Stimulus Act Changes Employer COBRA Obligations - February 17, 2009

The American Recovery and Reinvestment Act of 2009 was approved by Congress last week, and signed today by the President. The Act provides a federal government subsidy of COBRA premiums for up to nine months after an employee’s involuntary termination of employment and also provides a special COBRA election right. Read more >

FMLA Regulations and Americans with Disabilities Act Amendments - February 17, 2009

 

The long-awaited Family and Medical Leave Act (“FMLA”) regulations amendments were passed in November of 2008 and went into effect on January 16, 2009. These amendments are sweeping, and, among other changes, revise much of the process for taking leave (i.e., the various forms, timing and
manner for requesting leave). They also provide guidance for the two new types of leave: call to active duty leave and leave to care for covered servicemembers. Effective January 1, 2009, the Americans with Disabilities Act (“ADA”) was amended by the ADA Amendments Act (“ADAAA”). These, amendments are broad in scope and overturn many important court decisions interpreting the ADA. Read more >

 

Group Rating Update - February 6, 2009

 

To all of our clients participating, or thinking about participating, in group rating for the policy
year beginning 7/1/09, we wanted to give you an update on some significant activity that has
occurred in the last couple of weeks. In January, the BWC Board of Directors implemented a number of things that have, at least temporarily, changed the group rating landscape as we know it. Read more >

 

Implementation of New I-9 Form Delayed - February 2, 2009

 

The U.S. Citizenship and Immigration Services (USCIS) announced that it will delay
until April 3, 2009, implementation of the rule that would modify the documents
acceptable for employment eligibility verification (Form I-9). This change was
scheduled to go into effect today.

The USCIS also has reopened the comment period for another 30 days, until March 4,
2009, for the public to submit comments about the proposed rule and revised form. Read more >

 

Revised Form I-9 - January 23, 2009

 

The U.S. Citizenship and Immigration Services (USCIS) recently revised the Form I-9
used to verify employment eligibility. Effective February 2, 2009, all employers will be
required to use the new Form I-9 to verify employment. Read more >