Monthly Archives: January 2018

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U.S. Supreme Court: Officers Entitled to Qualified Immunity

On January 22, 2018, the United States Supreme Court reversed the decision of the U.S Court of Appeals for the District of Columbia in District of Columbia, et al. v. Wesby, et al. The Court found that: (1) the arresting officers had probable cause to arrest for unlawful entry and (2) the officers were reasonable [...]

2018-03-12T14:12:26-04:00January 30th, 2018|Latest News|

Arbitrator Refuses to Commute Discipline of 15-Year Police Officer

An arbitrator found a Township Police Department had just cause to terminate a 15-year police officer for dishonesty and insubordination, among other offenses.  The termination stemmed from a troubling story involving the officer’s off-duty conduct the officer told at a morning briefing prior to beginning his patrol for the day. The grievant told a few [...]

2018-01-16T14:55:42-05:00January 16th, 2018|Newsletter|

New Tax Law Incentivizes FMLA

On December 22, 2017, President Trump signed the tax reform bill into law.  The bill is officially called “An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018.”  Among its many provisions, the law incentivizes employers to provide paid FMLA leave. Passed [...]

2018-01-16T14:43:36-05:00January 16th, 2018|Newsletter|

Supreme Court Refuses to Hear Title VII Sexual Orientation Case

On December 11, 2017, the United States Supreme Court announced that it will not review a Title VII same-sex discrimination case, on appeal of the Eleventh Circuit’s ruling in Evans v. Ga. Reg’l Hosp., No. 15-15234, 2017 U.S. App. LEXIS 4301 (11th Cir. Mar. 10, 2017).  This decision leaves a split in the United States [...]

2018-01-16T14:33:20-05:00January 15th, 2018|Newsletter|

FSA, HSA and HDHP Changes for 2018

As employers and employees continue to grapple with the ever-increasing cost of health care, it is important to keep up with the changes to contribution limits, minimums and maximums for 2018.  The Internal Revenue Service announced these increases on October 19, 2017.  The 2018 changes for Flexible Spending Accounts (FSAs), Health Savings Accounts (HSAs), and [...]

2018-01-16T14:39:55-05:00January 15th, 2018|Newsletter|

NLRB Nixes Controversial Employer Policy Test; Replaces with New Standard

On December 14, 2017, the NLRB established a new standard governing NLRB scrutiny of employer handbooks, workplace policies and rules.  The new standard overturns and replaces the controversial Lutheran Heritage standard that has caused employers much consternation since 2004. The National Labor Relations Act (“NLRA”) generally protects employees’ rights to act together to try to [...]

2018-01-16T14:35:03-05:00January 15th, 2018|Newsletter|

Employer I-9 Form Refresher

With the start of a new year, employers should make sure they are up to date on the employment eligibility requirements for new hires, specifically the I-9 Form.  The Immigration Reform and Control Act of 1986 (“IRCA”) requires employers to verify the eligibility of new hires.  As a result, the Department of Homeland Security created [...]

2018-01-16T15:19:53-05:00January 15th, 2018|Newsletter|

IRS Extends Deadlines on Employer 1095-B & 1095-C Forms

The IRS has extended the deadline by 30 days for Forms 1095-B and 1095-C to be provided to employees.  This is the second consecutive year the IRS has extended the deadline, allowing employers more time to disseminate these forms to their employees.  The new deadline for distribution of the forms is on or before March [...]

2018-01-15T12:01:51-05:00January 15th, 2018|Newsletter|

NLRB Overturns Joint-Employer Test

The NLRB has overturned a controversial “joint employer” test of whether a host company is responsible for another company’s worker or temporary worker.  The National Labor Relations Act (NLRA) governs the rights and obligations of employers and their employees with respect to labor-relations.  The employer’s obligations become less-clear, however, with respect to workers who are [...]

2018-01-16T14:42:16-05:00January 15th, 2018|Newsletter|