Insights

Employers May Begin Deductions for Paid Family Leave on July 1, 2017

Although New York’s requirement for employers to provide Paid Family Leave to their employees does not go into effect until January 1, 2018, employers ...

More
NEW YORK CITY BANS EMPLOYERS FROM ASKING APPLICANTS ABOUT THEIR SALARY HISTORY

On May 4th, New York City Mayor Bill de Blasio signed a law that will prohibit employers from asking about a prospective employee’s salary history ...

More
Nationwide Injunction Blocks New Overtime Rule From Taking Effect; New York State Increases to Salary Threshold Loom

Last week, in an eagerly-awaited ruling, a Texas Federal Court issued a nationwide injunction that stops the Department of Labor’s widely publicized changes to overtime rules from...

More
New Proposed Rules on ACA Opt-Out Payments

The IRS has issued proposed regulations that expand upon the treatment of cash incentives provided to an employee if he waives coverage under his employer's health plan...

More
U.S. Department of Labor Publishes New Overtime Rule

The United States Department of Labor issued its long-awaited rule increasing the minimum salary for overtime eligibility. Effective December 1, 2016, the minimum salary threshold for most...

More
New York State Enacts $15 Minimum Wage

New York Governor Andrew Cuomo recently signed into law a bill that gradually raises the minimum wage for many New York employers to $15 per hour by 2022. ...

More
Strategy to Increase Maximum Contributions

For 2016, contributions to a stand-alone defined contribution plan are limited to $53,000 plus, in the case of a participant who reaches age 50 by the end...

More
IRS Guidance on Unconditional Opt-Out Payments

Many employers offer employees a cash incentive (an "Opt-Out Payment"), if they waive coverage under the employer’s health plan. The rationale is that ...

More
Court Denies EEOC Challenge of Wellness Plan

The Affordable Care Act (ACA) brought an emphasis on wellness programs and promoted the involvement of employers in improving the health of employees. At the same time,...

More
NYC Issues Transgender Discrimination Guidance

On December 21, 2015, the New York City Commission on Human Rights, the agency that enforces New York City's Human Rights Law, announced new guidelines that clarify...

More
ACA Reporting Requirements Postponed

The IRS recently issued IRS Notice 2016-4 which delays the deadlines for providing employees and the IRS information about employer-provided health coverage. The new deadlines are: ...

More
Are You Ready For 2016?

Constant vigilance is required for employers to avoid pitfalls arising from an ever-increasing number of employment laws and regulations. Year end is an opportune time for employers...

More
Ban-The-Box Law Takes Effect

Earlier this year, we informed you that New York City had approved legislation making it unlawful for an employer to make any inquiry or statement related to...

More
NLRB Announces Monumental Change to Joint Employer Test

For the past three decades, employers have enjoyed the benefit of a relatively predictable and common sense standard for determining joint employer status. Among other things, if...

More
NYC Credit Check Law Takes Effect

Earlier this year, we wrote regarding an amendment to the New York City Human Rights Law that makes it unlawful for an employer to use an individual's ...

More
NLRB Abandons 37 Years of Precedent Concerning Workplace Investigations

In 1978, the National Labor Relations Board (“NLRB”) established a rule that employers were not required to disclose, in response to a union information request, confidential witness statements they collected...

More
Supreme Court Upholds ACA Subsidies in Every State

The Supreme Court has recently upheld a critical aspect of the Affordable Care Act by holding that tax subsidies continue to be valid in the 33...

More
New York City to Limit Criminal Background Checks

The New York City Council recently voted to approve legislation that makes it unlawful for a covered employer or its agent to make any inquiry or statement ...

More
EEOC Releases Wellness Program Guidance

The Equal Employment Opportunity Commission recently published proposed regulations under the Americans with Disabilities Act ("ADA") that provide guidance on compliance with the ADA for employee wellness...

More
New York City Poised to Prohibit Employer Use of Credit Checks

The New York City Council recently voted to approve a bill that would amend the New York City Human Rights Law, making it unlawful for an employer to use ...

More
DOL Expands FMLA's Definition of "Spouse"

The U.S. Department of Labor announced that the definition of the term "spouse" under the Family and Medical Leave Act will change to include spouses of all...

More
Cheers Without Fears: An Employer's Guide to Holiday Parties

As leaves begin to fall and word-a-day calendars grow thin, many employers begin plans for end-of-the-year holiday parties. Parties can be a great way to celebrate the...

More
NYC Employers Now Required to Notify of Pregnancy Rights

Last year, New York City amended its Human Rights Law to require most New York City employers to reasonably accommodate pregnant workers. The amended law also requires...

More
ACA Pay-or-Play Mandate Eased for 2015

The IRS has issued final regulations on the Pay-or-Play Mandate, which requires certain employers to offer affordable health care coverage with minimum value to their employees or...

More
Union-Free Employers Facing New Challenges

In years gone by, union organizing took on a familiar tone. Organizers distributing leaflets near parking lots. Employees discussing authorization cards during break periods. While such traditional...

More
Expanded NYC Sick Leave Law to Cover All Employers

The New York City Council recently amended the Paid Sick Time Law. Mayor DeBlasio has expressed his support and is expected to sign the bill into law. ...

More
Confidentiality Policies Continue to be Challenged

In recent years, the National Labor Relations Board (NLRB) and federal courts have ruled that employer confidentiality policies that prohibit employees from copying, discussing or disclosing their...

More
NYC Publishes Required Sick Leave Notices

We previously notified you that New York City had passed a law that requires New York City employers with five or more employees to provide up to five ...

More
IRS Guidance: Same-Sex Spouses Under Retirement Plans

The IRS has recently issued guidance on the application of the Supreme Court’s decision in United States v. Windsor and Revenue Ruling 2013–17 with respect to same-sex...

More
Improper Commission Agreements Can Lead To Wage & Hour Liability

A recent New York Federal Court decision serves as a reminder for employers to make sure that their pay practices comply with requirements of the wage-and-hour laws—even...

More
CB&D Named a Top Law Firm

Clifton Budd & DeMaria is honored to announce that U.S. News and World Report has named the Firm to its "Best Law Firms" 2014 National and New York ...

More
A $1.35 Million Error... Discrimination, In Reverse

When making employment decisions, seasoned human resources managers are well-versed in avoiding adverse actions based on "traditional" protected classes. However, what if the affected employee is an...

More
PCORI Fees Due by July 31, 2014

The ACA imposed a new fee, the Patient Centered Outcome Research Institute (PCORI) fee on health insurers for insured plans and plan sponsors for self-insured plans. These...

More
Federal Courts Issue Conflicting Rulings on Affordable Care Act

Last week, two federal Courts issued conflicting rulings as to whether, under the Affordable Care Act ("ACA"), the IRS can authorize tax subsidies for individuals who purchase...

More
EEOC Finds FMLA-Compliant Policy Unlawful

HealthCare System recently settled a lawsuit brought by the U.S. Equal Employment Opportunity Commission alleging that its leave of absence policy violated the Americans with Disabilities Act....

More
New Jersey Limits Criminal History Questions

Last week, New Jersey Governor Chris Christie signed legislation that will prohibit most New Jersey employers from asking about an applicant's criminal history until after the first...

More
NLRB and Unions Target Outside-the-Box Business Strategies

Increasing challenges and competition over recent years have led business owners to explore new opportunities in order to sustain themselves and grow. For many employers,...

More
Workplace Tests and Assessment Procedures May Be Illegal

Employers often use tests and assessment procedures to screen individuals for hire and promotion. There are many different types of such tests and procedures, including cognitive tests,...

More
NLRB Rules Employees Have The Right To Use Employer E-Mail Systems For Union Activity

In a decision published December 11, 2014 involving the Purple Communications Company, the National Labor Relations Board ruled that employees have a right to use employer email systems to communicate...

More
ACA Cadillac Tax: Essential Issue for 2015 Labor Contract Negotiations

As the Affordable Care Act (“ACA”) continues to be rolled out, a costly mandate looms on the not-so-distant horizon. Beginning in 2018, the so-called “Cadillac tax” will...

More
Abolishment of Annual Wage Theft Prevention Act Notice Appears Imminent

The New York State Assembly recently delivered a bill to Governor Cuomo amending the Wage Theft Prevention Act. The bill will, among other things, abolish the requirement that New York...

More
Is It Time to Update Your Cafeteria Plan?

Employers who offer their employees the opportunity to pay their share of premiums for health coverage with pre-tax dollars must offer this benefit through a written Premium...

More