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(1) Final Regulations on Wellness Programs Take Effect - [ Ссылка ]
Our top story: The Equal Employment Opportunity Commission’s (EEOC’s) final rule on wellness programs will go into effect, despite a challenge from the AARP. The new regulations state that an employer may require medical examinations or information as part of a wellness program that provides discounts of 30% or less on the cost of health care coverage. The AARP sought a preliminary injunction to block the regulations, arguing that they violate the privacy of its members. The motion was denied, but a permanent injunction remains a possible outcome as the litigation continues. Adam Solander, from Epstein Becker Green, has more on the new regulations.
For more on the final regulations, click here: [ Ссылка ]
(2) Second Circuit Denies Cumulative Liquidated Damages - [ Ссылка ]
The U.S. Court of Appeals for the Second Circuit resolves a split on cumulative liquidated damages. The Fair Labor Standards Act and the New York Labor Law both allow for liquidated damages equal to 100% of unpaid wages. Federal law awards these damages on a compensatory basis, while the New York law allows damages as a punitive measure. Some lower courts in the Second Circuit have granted plaintiffs double damages, reasoning that the awards serve different purposes. Others have declined to award cumulative damages. The Second Circuit weighed in last month, affirming a lower court’s denial of cumulative liquidated damages. Because the ruling came as a summary order, it does not create precedent, but it’s likely to have a persuasive effect on other courts.
For more on the Second Circuit’s ruling, click here: [ Ссылка ]
(3) ACA Transgender Discrimination Rules Blocked - [ Ссылка ]
A federal judge blocks transgender discrimination rules under the Affordable Care Act (ACA). The Franciscan Alliance, along with two other religious nonprofit medical groups and several states, recently filed a lawsuit claiming a regulation in Section 1557 of the ACA violates the Administrative Procedure Act and the Religious Freedom Restoration Act. A federal judge in Texas issued a nationwide preliminary injunction, halting enforcement of the provisions relating to gender identity and termination of pregnancy. Other provisions of 1557, including those prohibiting discrimination on the basis of disability, race color, age, national origin, or sex, other than gender identity, remain in effect.
For more on the Franciscan Alliance case, click here: [ Ссылка ]
(4) Employers Must Begin Using Form I-9 - [ Ссылка ]
Employers are required to verify the work authorization of each employee they hire using Form I-9, the Employment Eligibility Verification. U.S. Citizenship and Immigration Services published a revised Form I-9 last November, and all employers must begin using this new version by January 22, 2017.
For the new Form I-9, click here: [ Ссылка ]
(5) Tip of the Week - [ Ссылка ]
Eben Krim, Chief Employment Counsel for the Performance Materials and Technologies division of Honeywell International, has advice on managing a contingent or third-party workforce under heightened joint-employer scrutiny.
Visit [ Ссылка ].
These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
