March and April will be critical months for employers who sponsor ERISA-governed employee benefit plans that provide benefits subject to the disability claim procedures. Any claims filed after April 1, 2018 will be subject to a new final rule issued by the Department of Labor (“DOL”) in December of 2016. Plans subject to these rules …
Is Your Organization Taking the Correct Steps to Prevent and Defend Against Harassment Claims? Recent EEOC Guidance Suggests Best Practices
In the wake of the #MeToo movement, most employers have become more acutely aware of the risks involved in failing to effectively prevent and respond to claims of workplace harassment. This renewed awareness should cause all employers, large and small, to evaluate their policies, processes and practices in place to prevent harassment and to respond …
Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions
On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of discriminatory intent. In O’Dell v. State of Michigan, unpublished opinion per curiam of the Court of Appeals, issued Feb. 1, 2018 (Docket No. …
Preparing for the H-1B Lottery – What to Expect for FY2019
April 2, 2018 marks the first day of a five-day window to file cap-subject H-1Bs with U.S. Citizenship and Immigration Service (USCIS) for the upcoming fiscal year (FY 2019), which begins on October 1, 2018. With only a couple of weeks remaining before April 2, we are now fully immersed in the “March Madness” of …
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3 Steps to Protect Trade Secrets Under the DTSA
The Defend Trade Secrets Act (DTSA) was a breath of fresh air for many companies that rely on trade secrets as part of their business model. Under the DTSA, a business’s or individual’s trade secrets—such as copyrights, patents and trademarks—are federally protected. This federal protection allows a business to file a private civil lawsuit if …
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Keeping the End in Mind When Managing Employee Benefits at a Company Owned by a Private Equity Fund
It is no secret that a business which is owned by a private equity fund will eventually be sold. As part of the sale process, the potential buyer will examine the employee benefit documents and the plans’ operations to determine if there are any potential risks. If errors are found, the seller may be required …
Asleep At the Wheel: The Growing Debate Regarding Obesity and Workplace Accommodations
As society continues to grow, pun intended, many new injuries and infirmities are entering the realm of “disability” putting employers more at risk at being caught in the crosshairs of the Americans with Disabilities Act (ADA) and comparable state laws (most of which track the original text of the ADA closely). Some of the extension is …
The 2nd Circuit Court of Appeals’ Recent Decision Reveals That the Interpretation of Title VII and its Application to Sexual Orientation Discrimination Claims Continues to Evolve
In a 10-3 decision, the 2nd Circuit Court of Appeals recently ruled that Title VII of the Civil Rights Act of 1964 (Title VII) covers claims of sexual orientation discrimination. In Zarde v. Altitude Express, the plaintiff sued his former employer, Altitude Express, under Title VII and New York law, alleging that he was terminated …