Avoiding Employee Misclassification Under the FLSA

DOL Guidance Outlines ‘Economic Realities’ Test In order for the federal Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements to apply to a worker, the worker must be an “employee” of the employer, meaning that an employment relationship must exist between the worker and the employer. The FLSA defines “employ” as including […]

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4 pitfalls to avoid in a cyber insurance policy

As more and more companies enter the burgeoning cyber insurance marketplace, they often ask policyholder counsel like me how they can choose the best cyber policy when confronted with so many choices. When the marketplace was still in its infancy just a few years ago, this was a considerably harder question because the policy forms, […]

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Reminder: Certain Small Employer HRAs Now Exempt From ACA’s Market Reforms

QSEHRAs Must Satisfy Certain Requirements As a reminder, a recent law allows certain small employers to offer new “qualified small employer health reimbursement arrangements” (QSEHRAs) to reimburse employees for qualified medical expenses, including individual health insurance premiums. Background Under prior agency guidance, stand-alone HRAs (except for retiree-only HRAs and HRAs consisting solely of excepted benefits) […]

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Los Angeles Revises Paid Sick Leave Rules and FAQs

Rules Currently in Effect The City of Los Angeles has issued revised paid sick leave rules and FAQs. Background As of July 1, 2016, employers with 26 or more employees are generally required to provide paid sick leave according to the Los Angeles Minimum Wage Ordinance. Employers with 25 or fewer employees begin providing sick […]

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Determining ‘Full-Time Employees’ Under ‘Pay or Play’

Designation Determined by Hours Worked, Not Employer Classification The employer shared responsibility provisions of the Affordable Care Act (also known as “pay or play”) require applicable large employers (ALEs)—generally those with at least 50 full-time employees, including full-time equivalent employees (FTEs)—to offer affordable health insurance that provides a minimum level of coverage to full-time employees […]

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OSHA Delays Enforcement of New Crystalline Silica Rule for Construction Industry

Enforcement Now Expected to Begin September 23, 2017 The U.S. Occupational Safety and Health Administration (OSHA) has announced a delay in enforcement of its new crystalline silica rule as it applies to the construction industry. Originally scheduled to begin June 23, 2017, enforcement is now expected to begin September 23, 2017. Background Crystalline silica is […]

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USCIS Completes H-1B Cap Random Selection Process for FY 2018

Agency Still Accepting Applications Exempt from Cap U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption (also […]

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Health Care Reform Updates: How to Determine ALE Status

ALEs Must Comply with ACA’s ‘Pay or Play’ Provisions An employer which has at least 50 full-time employees, including full-time equivalent employees (FTEs), on average during the prior year is generally considered an “applicable large employer” (ALE) under the Affordable Care Act (ACA) for the current calendar year. These employers are subject to the ACA’s […]

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DOL Finalizes 60-Day Delay of Fiduciary Rule

Rule Now Expected to Become Applicable on June 9, 2017 The U.S. Department of Labor (DOL) has issued a final rule delaying the applicability date of the Fiduciary Rule, from April 10, 2017, to June 9, 2017. Background On April 8, 2016, the DOL released the “Fiduciary Rule,” which expanded the number of persons that […]

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California Updates Paid Sick Leave FAQs

FAQs Address Employers’ Existing Paid Time Off Policies and Purposes for which Paid Sick Time Must Be Provided The California Department of Industrial Relations has released updated FAQs addressing California’s paid sick leave law. Background Under California’s paid sick leave law, most employers are required to provide up to 24 hours (or 3 days) per […]

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