For years, we have been tracking the Department of Labor’s Office of Federal Contract Compliance Programs’ (“OFCCP”) efforts to expand its jurisdiction to health care employers. Generally, the OFCCP enforces regulations that require employers with at least 50 employees, who hold a single contract or subcontract of at least $50,000 […]
Labor & Employment Law Update
Tennessee Court Rules Employees Can Sue Supervisors for Benefit Retaliation
A federal court in Tennessee recently rejected a motion to dismiss filed by a defendant supervisor in an ERISA retaliation case. ERISA prohibits employers from retaliating against or interfering with employees’ efforts to use health benefits. The supervisor argued that ERISA did not allow for individual liability. The court disagreed, […]
Direct Care Workers to Receive Minimum Wage and Overtime Protections
Fulfilling a promise by President Obama to ensure that direct care workers receive a “fair day’s pay for a fair day’s work,” the U.S. Department of Labor announced a final rule on September 17, 2013, extending the Fair Labor Standards Act’s minimum wage and overtime protections to most of the […]
Reminder to Employers: October 1st Exchange Notice Deadline
Under an amendment to the Fair Labor Standards Act (“FLSA”) by the Affordable Care Act, employers subject to the FLSA are required to provide their current employees with a Notice of Exchange by October 1, 2013, in order to make employees aware of their option to obtain health coverage through […]
Other State-Specific Developments
Iowa The Iowa Civil Rights Commission recently prevailed in a district court action alleging an apartment complex’s management company’s employees subjected two former tenants to harassment and other discriminatory treatment based on their sexual orientation. After a maintenance technician discovered the two men were sharing a one-bedroom apartment, he verbally […]