On June 7, 2017, the Department of Labor (DOL) withdrew its 2015 and 2016 informal guidance on the topics of joint employment and independent contractors. These guidelines were issued during President Obama’s administration, and had the effect of expanding joint employer liability and narrowing the definition of independent contractor. The guidance letters were in the […]
Putting the Steeple (Back) on the Hospital: Supreme Court Rules that Benefit Plans for Employees of Religious-Affiliated Hospitals are Exempt from ERISA
In a June 5, 2017 decision, the U.S. Supreme Court held that benefit plans covering employees of church-affiliated hospitals were “church plans,” and hence not subject to ERISA, despite not being “established” by a church. The decision, Advocate Healthcare Network v. Stapleton, ___U.S.___, 2017 U.S. LEXIS (U.S. June 5, 2017), reverses a recent trend in […]
Sexual Harassment: Actions that Both Employers and Employees Can and Should Take in the Event of Sexual Harassment
Unwelcome sexual advances in the workplace, whether in the nature of a physical act or a verbal proposition, may constitute prohibited sexual harassment under the law. Employers may be liable for such conduct when it occurs in the workplace or at off-site work functions, and victims of sexual harassment may be entitled to damages. It […]
The Do’s and Don’ts of Political Discourse at Work: Tips for Employers and Employees
Given the polarizing effect the presidential election has had on our nation, political discussion has become a regular occurrence in many people’s daily lives, even during the workday. When this occurs, it is best for an employer to pause and consider employees’ right to engage in this type of discussion along with the employer’s own […]
Six Things You Need To Know About Group Long-Term Disability Insurance
Many employers provide group long-term disability (LTD) insurance as a benefit for their employees. Group LTD insurance can be an affordable alternative to an expensive individual policy. If you need it, and hopefully you never will, it can be a godsend. But you need to be aware of, and plan for, the limitations common to […]
Arbitration is like a box of chocolates: You never know what you’re going to get
Employers love arbitration clauses. Most believe that arbitrators will treat them more favorably than a judge or jury, and that the process will be faster and less expensive than going to court. Generally speaking, they are right. A recent case out of the Supreme Court of Connecticut, State of Connecticut v. Connecticut Employees Union Independent, […]
Summary Plan Descriptions Aren’t Just for Retirement Plans
Most employers understand the need to provide a Summary Plan Description (SPD) to participants in their retirement plans, such as 401(k) and 403(b) Plans. Many employers don’t realize that this same requirement applies to their medical, dental, life and disability plans. Some employers think that all they need to do is to distribute the benefit […]
Do You Really Need Non-Compete Agreements With Your Hourly Employees?
On December 7, 2016, the Chicago Tribune reported that sandwich maker Jimmy John’s had agreed to a $100,000.00 settlement with the Illinois attorney general over its use of non-compete agreements with its hourly employees. Those agreements barred employees from working at another sub shop while employed with Jimmy John’s and for a period of two […]
It’s Eleven O’Clock: Do you know who your employees are?
Hire him as an employee and he’s an employee. Hire her as an independent contractor, she’s an independent contractor. Employees get W-2’s and are eligible for benefits. Independent contractors get 1099’s, and aren’t. Easy, right? If it were that simple, the Department of Labor, the IRS and various states would not be fielding an increasing […]
Erosion of the “Abnormal Working Condition” Standard for “Mental-Mental” Work-Related Injuries
For nearly three decades Martin v. Ketchum, 568 A.2d 159 (Pa. 1990) has set the standard upon which a claimant may establish a compensable psychological injury as a result of a work-related mental stimulus or “mental-mental” injuries. The Pennsylvania Supreme Court drew the following line in the sand: A claimant must produce objective evidence which […]