Risks In Being A Joint Employer

Joint employment of one worker by two businesses can create risks of liability for both employers in a variety of ways. Both businesses may be liable, for example, on claims for employment discrimination and/or violations of wage and hour laws. A recent Guidance issued by the U.S. Department of Labor describes two forms of joint…

Read more

Deadline Extended For ACA Information Reporting Forms

The IRS has extended the deadlines for furnishing to employees the new Forms 1095 and filing these Forms with the IRS.  The Forms are designed to confirm compliance with the employer and individual health insurance mandates under the Affordable Care Act.  IRS Notice 2016-4 provides the following new deadlines: Furnishing to Employees: 2015 Forms 1095-B, Health Coverage…

Read more

ACA Update: Cadillac Tax Postponed!

The budget and tax package passed by Congress on December 18, 2015, and signed by the President, includes a two-year delay of the controversial excise tax on high-value health plans (a.k.a., the Cadillac Tax), part of the Affordable Care Act (ACA). Here is what its delay means for employers:   The Cadillac tax was slated to begin…

Read more

Christmas Turkey Tales

There once was a company by the name of Aeronca, Inc. which was engaged in the manufacture of aircraft components. Some of its employees were represented by Local 2535 of District Lodge 13 of the International Association of Machinists and Aerospace Workers, AFL-CIO. Unfortunately, poor financial conditions one year prompted the company to institute a…

Read more

More Lawsuits This Holiday Season?

Employers are acutely aware of the legal pitfalls that come with the holiday season. Office parties and alcohol are a potent recipe for bad judgment, and that bad judgment leads to harassment charges and lawsuits.  Another common occurrence during the holiday season is the payment of discretionary bonuses to employees. Now, after the recent Second…

Read more

The Appropriate Punishment for Actual and Perceived Threats in the Workplace-Take Two; the Appellate Court (Sensibly) Speaks

Last year, I wrote about an unsuccessful attempt to vacate a puzzling arbitration award that overturned the termination of a school custodian who made threats of violence. In a decision that was officially  issued on October 13, 2015, the Connecticut Appellate Court has (sensibly) reinstated the original termination. In Bridgeport Board of Education v. NAEG, Local…

Read more