On January 30, 2023, the U.S. Departments of Health & Human Services, Labor, and Treasury (the Departments) issued proposed rules to expand access to no cost contraceptive services. Specifically, the Departments proposed removing the moral exemption to providing contraceptive coverage under an employer’s group health plan.
Applicable Large Employers (ALEs)—which generally include employers with an average of at least 50 full-time employees, including full-time equivalent employees—are intimately familiar with the Form 1094-C and Form 1095-C filing requirements. And while we suspect that most ALEs electronically file their Forms 1095-C, ALEs that were required to file less than 250 Forms 1095-C were permitted to file those forms with the IRS on paper. The IRS issued a final rule on February 23, 2023 that will effectively eliminate the paper filing option for 2023 Forms 1095-C that must be filed during the first quarter of calendar year 2024.
U.S. Citizenship and Immigration Services (USCIS) announced the initial registration period for fiscal year 2024 H-1B cap-subject petitions. Registration opens at 12:00 p.m. EST on March 1, 2023 and runs through 12:00 p.m. EDT on March 17, 2023. During this period, employers can complete and submit their registrations using the electronic H-1B registration system.
Earlier this week, the National Labor Relations Board issued its decision in McLaren Macomb, 372 NLRB No. 58, holding that employers violate federal labor law when they offer severance agreements with terms, such as broad confidentiality or non-disparagement terms, which have a reasonable tendency to interfere with, restrain, or coerce employees in the exercise of their statutory rights under the National Labor Relations Act (NLRA).
Since its 2008 enactment, the Illinois Biometric Information Privacy Act, or “BIPA,” has required employers with employees in Illinois to carefully handle employee biometric information. BIPA violations create significant liability for the unwary or unsavory employer. To top it off, last week, an Illinois Supreme Court decision exponentially expanded the potential damages that Illinois employers may face. In some cases, the money damages could make your jaw drop.
U.S. Citizenship and Immigration Services (“USCIS”) announced the initial registration period for fiscal year 2024 H-1B cap-subject petitions. Registration opens at 12:00 p.m. EST on March 1, 2023 and runs through 12:00 p.m. EST on March 17, 2023. During this period, employers can complete and submit their registrations using the electronic H-1B registration system.
Earlier today the Michigan Court of Appeals reversed a lower court’s July 2022 decision that had found the 2018 state legislature’s “adopt and amend” strategy violated the state constitution. As a result, Michigan employers will not be required to increase minimum wages or expand their paid sick leave policies.
Late last week the OFCCP released the first Corporate Scheduling Announcement List (CSAL) for 2023. The CSAL is advance notice to a federal contractor establishment selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation (CMCE), or Functional Affirmative Action Program (FAAP) Review.
On Friday, an Arizona federal court held that President Biden did not violate the law by requiring federal contractors to pay a $15 minimum wage.
Yesterday, the Federal Trade Commission (FTC) announced a proposed rule to ban non-compete clauses in employment contracts. Non-compete clauses are often important tools for employers in protecting their interests against unfair competition by departing employees for reasonable periods of time within an employer’s competitive markets. The proposed rule would bar employers from entering into or enforcing such clauses with workers.
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