By:  Lizbeth V. West, Esq.

Effective March 8, 2013, those employers covered under the federal Family and Medical Leave Act (FMLA) will be required to comply with the recently issued regulations from the U.S. Department of Labor (DOL). The majority of the new regulations relate to the FMLA’s military leave provisions and the Airline Flight Crew Technical Corrections Act. However, there are a few other minor changes and requirements, including the requirement that employers replace their FMLA poster with an updated poster by March 8, 2013.


Continue Reading Are You Ready For Your New Compliance Obligations Under The FMLA?

By:   Brendan J. Begley

On Wednesday, the California Court of Appeal affirmed a casino’s tip-pooling arrangement for its card-dealer employees in Avidor v. Sutter’s Place, Inc. That published decision (available at this link) brings to mind verses from Kenny Rogers’ old country song, The Gambler: “You got to know when to hold ’em, know when to fold ’em, know when to walk away and know when to run.” If the songwriter had known about the Avidor lawsuit, that refrain could have added, “You got to know when California law allows tip-pooling for employees, and know when it don’t.”


Continue Reading Don’t Gamble On Tip-Pooling Arrangements

By:  Shauna N. Correia

Employers should be planning ahead for the January 1, 2014 implementation of the “Employer Shared Responsibility” provisions of the Affordable Care Act. That is because the average number of workers a company employed during 2013 will determine whether an employer is a “large employer,” and must offer minimum levels of health insurance to its employees, for 2014. The Internal Revenue Service has now issued a 144-page proposed rule and added a “Q&A” section to the IRS website (found here) geared toward explaining how it will decide whether an employer is required to offer affordable health insurance and what levels of coverage must be provided.


Continue Reading IRS Gives Employers Guidance on the Employer Shared Responsibility Provisions of the Affordable Care Act

By:  Chelcey E. Lieber

Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while on leave. This sets the perfect stage for a successful interference and retaliation claim, right? The Court in Jaszczyszyn v. Advantage Health Physician Network disagreed (full opinion may be found here: http://www.ca6.uscourts.gov/opinions.pdf/12a1152n-06.pdf).


Continue Reading Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)

 By:   Meagan D. Christiansen

If you’ve attended any of our seminars revolving around wage and hour issues over the past year, you will undoubtedly remember our discussions of Harris v. Superior Court (Liberty Mutual), and the so-called “administrative/production worker dichotomy.” You may also remember an earlier post discussing the California Supreme Court’s ruling last January (which can be found here – https://www.thelelawblog.com/2012/01/articles/wage-and-hour/misclassfied-as-a-matter-of-law-not-so-fast-say-the-supremes/).


Continue Reading Latest Court of Appeal Decision in Harris v. Superior Court (Liberty Mutual) Depublished, the Administrative/Production Worker Dichotomy Remains Uncertain