Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law
0 0

05 Dec 2014 The Employer Mandate Is Almost Here. Is Your Company Ready?

In less than a month from now, all employers in the United States that employ more than 100 full-time equivalent employees will need to offer affordable coverage to their employees or risk potential fines under the Affordable Care Act.   While employers already should be geared up to address these issues, below is a primer for those employers who have procrastinated or have opted to stick their heads in the sand hoping in vain that this will just go away:   The deadline for large…

READ MORE
0 0

10 Jul 2014 Proposed Legislation Introduced to Override Hobby Lobby Ruling

  Yesterday, Senator Democrats introduced proposed legislation known at the Protect Women’s Health from Corporate Interference Act (Act) in an effort override the U.S. Supreme Court’s Hobby Lobby decision, which was previously discussed in our June 30th Alert.   The Act would reinstate the Affordable Care Act’s contraceptive coverage obligations imposed on employers, requiring employers to provide such health insurance. The Act specifically is targeted at the Supreme Court’s 5-4 Hobby Lobby decision, which held closely-held companies (those that are family-owned or have a limited…

READ MORE
0 0

04 Apr 2014 Both Sides Face Tough Questions As The Supreme Court Hears Oral Argument Regarding the Contraceptive Mandate

On March 25, 2014, the U.S. Supreme Court heard the long-awaited oral argument in Sebelius v. Hobby Lobby Stores and Conestoga Wood Specialties Corp. v. Sebelius.  In both cases, for-profit employers argued that the contraceptive mandate under the Patient Protection and Affordable Care Act violated their religious beliefs as protected by the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act.  In contrast, the government argued that for-profit corporations cannot exercise religion and therefore cannot challenge the mandate on religious grounds….

READ MORE
0 0

21 Feb 2014 The University of Notre Dame Asks The Seventh Circuit to Enjoin The Contraception Mandate

On Feb. 12, 2014 the Seventh Circuit Court of Appeals held an oral argument in University of Notre Dame v. Sebelius. In this argument, the university asked the Seventh Circuit to reverse a district court decision denying the university’s request to enjoin the application of the contraception mandate in the Affordable Care Act. Several other courts, including the U.S. Supreme Court, have enjoined the application of the contraception mandate while the courts consider whether the mandate violates employers’ constitutional rights. We discussed these earlier decisions in…

READ MORE
0 0

20 Nov 2013 Useful Online Guide To Keeping Tabs On The ACA

Many employers have spent the last several years trying to understand the intricacies and nuances of the Affordable Care Act. The various delays in the roll-out, which have been underscored in recent weeks with the problems associated with the launch of the website, have done nothing to quiet the air of uncertainty that surrounds the Act. Further, while the delay of the employer mandate last summer provided a temporary respite, this also has only added to the growing number of headaches employers face in keeping…

READ MORE
0 0

15 Jul 2013 The Employer Mandate Has Been Moved One Year. Now What?

A Primer On What Employers Need To Know About The Affordable Care Act Many employers across the country breathed a sigh of relief upon hearing that the implementation of the employer mandate under the Affordable Care Act (ACA) has been delayed until Jan. 1, 2015. Of course once the revelry dies down, employers will come to the sober realization that this just means that the can has been kicked down the proverbial road.  Employers who should have been in the process of figuring out the…

READ MORE
0 0

01 Feb 2013 The FLSA Also Requires Employers To Provide Private Lactation Break Rooms

Most employers know that the Fair Labor Standards Act (the FLSA) requires them to pay a minimum wage of $7.25 per hour. Most employers know, too, that the FLSA requires them to pay overtime at one-and-a-half times an employee’s regular rate of pay. But many employers may not be aware that the FLSA, as amended by the Affordable Care Act, also requires that they provide break time and private spaces – other than bathrooms – for nursing mothers to express breast milk. The FLSA amendment…

READ MORE
0 0

06 Nov 2012 D-Day for ObamaCare?

Today is Election Day, and many believe that it represents what may be the last realistic challenge to the implementation of the Affordable Care Act (a/k/a ObamaCare).  If the President wins re-election, it is virtually certain that the Act will be implemented as planned in January 2014.  However, what many overlook is that even if the President loses, the Act still may survive – depending on which party winds up controlling the Senate and whether there is sufficient political will to repeal the law.  As…

READ MORE