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The Legal Stuff
BT Currents - Hot Topics in Employment Law

24 Jun EEOC Provides Additional Guidance on Employer Wellness Program Notice

In a recent press release, the Equal Employment Opportunity Commission (EEOC) has offered supplemental resources to assist employers in complying with Americans with Disabilities Act (ADA) notice requirements associated with their use of employee wellness programs and collection of employee health information as part of the same. Specifically, the EEOC directs employers to its Sample Notice for Employer-Sponsored Wellness Programs and a Q&A discussion relating to such sample and required notice. These resources address how to comply with the employer’s obligations to inform employees what…

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22 Jun Washington, D.C., Minimum Wage on the Rise

In recent minimum wage activity, lawmakers in D.C. have approved a plan to hike the hourly minimum wage for workers by 2020. The current hourly minimum wage of $10.50/hour (which is scheduled to rise to $11.50 by July 1, 2016, pursuant to earlier legislation) is slated to jump via a series of annual increases thereafter to $15.00/hour by July 1, 2020. Tipped employees’ minimum wage is proposed to progress from the current hourly rate of $2.77 to $5.00 over the same time frame. The bill,…

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18 Feb West Virginia Becomes Next Right-to-Work State Over Protest, Veto of Governor

  Employers take note and review your agreements and practices – On Feb. 12, the West Virginia house and senate overrode Governor Earl Ray Tomblin’s veto of SB 1 (known as the West Virginia Workplace Freedom Act), which amends the Code of West Virginia to prohibit employment agreements that require membership in a labor organization as a condition of employment, or any requirement that a person becomes/remains a union member as a condition of employment.   Additionally, SB 1 prohibits any requirement that, as a condition…

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06 Jan New York City Protects Caregivers Under Expanded Law

  New York City Mayor Bill de Blasio (D) signed a city council bill (Int. No. 0108-2014-A) on Jan. 5, which expanded the protections of the New York City Human Rights Law against employment discrimination to include “caregiver status” as a protected category. The bill prohibits any employee or job candidate who “provides direct and ongoing care for a minor child or a care recipient” from being subject to adverse employment actions by employers, employment agencies, and labor organizations (and any employees or agents of…

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GINA Compliance

24 Nov It’s Time to Give Your Employee Wellness Programs a Check-Up to Ensure Compliance with GINA

  The U.S. Court of Appeals for the Fifth Circuit recently provided employers with some food for thought in considering their employee wellness programs in relation to the Genetic Information Nondiscrimination Act (GINA). In Ortiz v. City of San Antonio Fire Dep’t. (SAFD), the collective bargaining unit allowed for a mandatory wellness program for all SAFD employees. As part of SAFD’s mandatory requirements, all uniformed employees were required to submit to a “job-related medical evaluation,” which included a physical exam; blood and urine tests; and testing…

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