The IRS has issued Notice 2015-87, which provides further guidance on health reimbursement arrangements (“HRAs”) and the application of other provisions of the Affordable Care Act (“ACA”). The Notice clarified that an employer may not reimburse an employee who buys an individual health insurance plan (on the open market or from the ACA Exchange) for [...]
Nowadays, many people own and frequently use a smartphone to take photos or record videos, among many other functions. Employers may have an interest in prohibiting video or photograph of its trade secrets or other confidential information. However, a December 24, 2015 decision issued by the National Labor Relations Board (NLRB) could impact whether these [...]
In one of its final opinions of 2015, a Sixth Circuit panel of judges concluded in a 2-1 decision that an employer could be bound by a collective bargaining agreement (“CBA”) even if the employer never signed the CBA or expressly authorized another agent to sign on its behalf. In Bd. of Trs. Local 392, [...]
The U.S. District Court for the Southern District of Ohio recently issued a decision which impacts Ohio’s public employers. In Ohio v. United States (2016), the Court held in part that Congress intended the Transitional Reinsurance Program to apply to both state and local government employers which offer qualifying group health plans in the same [...]
On August 27, 2015, the National Labor Relations Board (NLRB) issued its anticipated decision in Browning-Ferris Industries, Case 32-RC-109684, significantly expanding its standard for assessing joint-employer status for private-sector entities. The National Labor Relations Act (NLRA) governs labor relations between private sector employers sufficiently engaged in interstate commerce and their employees. Under the NLRA, a [...]
The National Labor Relations Board (NLRB) has the obligation to enforce the National Labor Relations Act (NLRA). The NLRB’s General Counsel is statutorily responsible for prosecuting unfair labor practice charges before the NLRB. Thus, NLRB’s General Counsel files all unfair labor practice complaints before the NLRB. Under the NLRA, the General Counsel must be appointed [...]
On August 17, 2015, the National Labor Relations Board (NLRB) declined to exercise jurisdiction over the College Athletes Players Association’s (CAPA’s) petition to allow football players at Northwestern University to form a union. The organizing players sought guaranteed coverage of sports-related medical expenses for former and current athletes, sponsorship compensation, and the establishment of a [...]
The BWC Switches to Prospective Billing For the last several years, the Bureau of Workers’ Compensation has collected employers’ premium payments after the coverage period. The BWC switched to prospective billing on July 1, 2015 for public employers and on January 1, 2016, it will make the switch for private employers. In other words, the [...]
On April 29, 2015, the U.S. Supreme Court decided the case of Mach Mining v. Equal Employment Opportunity Commission, unanimously holding that courts may review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory duty to conciliate discrimination allegations. However, the power to review is narrow. A court may act as a factfinder [...]
OSHA: The Occupational Safety and Health Administration (OSHA) recently released new “best practices” guidance regarding restroom access for transgender employees. Citing potential psychological harm to employees not able to use restrooms corresponding with their gender identity, and potential negative health effects of not using workplace restrooms at all, OSHA recommends employers allow employees to use [...]