11
Dec
2018
4
OFCCP is moving at light speed to make changes as to how it operates. There have been a number of new directives in 2018 already, “righting the ship” from the previous administration. Now comes three new directives for Fiscal Year 2019 (DIR 2019-01, DIR 2019-04, and DIR 2019-03). These directives are officially changing the way OFCCP is doing business and how audits will be handled in the future.
27
Nov
For employers defending an equal pay act (EPA) discrimination claim, the “factor other than sex” affirmative defense generally prevails, except when it doesn’t. And lately, courts have been more reluctant to accept the affirmative defense.
20
13
6
29
Oct
Last week was a big push by the Trump administration to reduce benefit burdens on small businesses by re-energizing Health Reimbursement Accounts (HRAs) and 401Ks. These efforts will make an impact towards coverage of small employer employees with both healthcare and 401K access and allow these employers to be more competitive in the war for talent.
23
16
9
With health care costs growing more than two times the rate of inflation consistently over the years, and employers growing weary of increasing deductibles and cost shares, an old idea has resurfaced for employers: Referenced Based Pricing (RBP) programs. Under Obamacare, the transparency of costs among providers has become more commonplace, thereby enabling these types of programs.
2
25
Sep
In the last month, OFCCP (Office of Federal Contract Compliance) has been very active issuing a number of directives. Two new ones were released last week.
18
Although cross functioning teams are the rage, and at times rightly so, it appears that too many bosses are like the adage too many cooks. According to a Gartner survey, more than two-thirds of employees around the world say they have to consult with more than one boss to get their jobs done. What does that mean? It means that these employees waste significant amounts of time waiting for guidance from senior leaders.
The answer is no, according to the 10th Circuit Court of Appeals (which covers Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, plus those portions of the Yellowstone National Park extending into Montana and Idaho). This decision brings it in line with other circuit courts of appeals.
From the service dog to the emotional support peacock and ferret, employers are receiving more requests from employees who want to bring these animals to work. Title I of the ADA prohibits disability discrimination in the employment context and requires employers to provide reasonable accommodations to applicants and employees. But Title I is silent in reference to service and emotional support animals.
28
Aug
21
There are times when an employee’s disability is problematic to accommodate. For example, an employee with a latex allergy working in a latex environment. If it is not reasonable for the environment to change via an accommodation, how does the employer demonstrate that the employee, by working in such an environment, would be subject to a direct threat of imminent harm to him/herself?
14
Employer health care spending has grown from 6% of total wages in 1988 to more than 12% in 2018. The Centers for Medicare and Medicaid Services (CMS) estimate that this growth will continue, with national health spending projected to be 20% of the economy by 2026. Employers are seeking innovative approaches to keeping healthcare costs down.
7
At the Industry Liaison Group (ILG) National Conference on August 1, Acting Director Craig Leen of the Office of Federal Contractor Compliance Programs (OFCCP) discussed in his keynote presentation the four pillars of OFCCP’s future actions.
31
Jul
At a time where unemployment is 4% and the need for skilled workers is at a premium, a source for these workers is being slowly shutdown. The immigration issue is an important one for Americans and played a decisive role in the presidential election. However, the barriers being raised for business visas could have a negative impact in the long-run for American businesses.
24
17
A lawsuit by 20 states was filed in federal court in Texas challenging the constitutionality of the Affordable Care Act (ACA) in February. Texas argues that last year’s tax reform law, which stripped the ACA of the individual mandate, made the ACA unconstitutional. If the individual mandate is stripped away, the Department of Justice (DOJ), agreeing with Texas, argues that two other key parts of Obamacare should fall with it.
10
26
Jun
Given all the controversy surrounding players kneeling when the national anthem is played, the NFL decided to directly rule on the issue. On May 23, 2018, the NFL issued a new rule that will require all players on the field to stand for the national anthem and impose fines to teams whose players, coaches, or staff fail to follow the new rule.
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