HHS Issues Final Non-Discrimination Rules for Healthcare Providers

Posted in Employee Benefits

Healthcare providers and others who receive federal financial assistance are now subject to new non-discrimination rules and notice requirements under the Affordable Care Act. The new regulation prohibits discrimination in healthcare programs and activities on the basis of race, color, national origin, age, disability and sex – including pregnancy, gender identity, and sex stereotyping. The new rule also encompasses the obligation to provide language assistance services free of charge to persons with limited English proficiency. Continue Reading

Illinois Restrictive Covenants: July 2016 Update

Posted in Non-Compete & Trade Secret Litigation

Heads up, Illinois employers with post-employment restrictive covenants:  three new cases may impact your enforcement efforts. One continues the split between state and federal courts as to whether continued employment is sufficient consideration, another demonstrates the strict scrutiny courts can place on employers’ stated legitimate business interests, and a third makes clear that attorneys’ fees need not bear a rational relationship to damages awarded. Continue Reading

Stay Ahead Of The Tides: The Ever Changing California Employment Landscape

Posted in Medical & Other Leaves

Employers with California employees are already familiar with the particularities and unique challenges associated with doing business in this state. As other west coast states appear to be meeting or surpassing California’s previously employee-friendly landscape, California is stepping up its game with an ever-expanding list of new ordinances and regulations. In just the last few weeks, several cities have instituted or added new compliance obligations to paid sick leave, including Los Angeles, Santa Monica, San Diego and San Francisco. Employers whose workers perform work in the any of the affected cities for varying periods of time now have to comply with both the state law and the more favorable local ordinances — a particularly tricky task if an employer has mobile employees working in different geographical regions. San Francisco rules apply to any employee who performs work in the city, while San Diego and Santa Monica rules apply to those who work at least two hours in the city in a particular week. Los Angeles has a similar threshold of two hours in a week, but also requires at least 30 days within a year in the city from the start of employment.  In some cases, these paid sick leave requirements double or more what is required statewide.  Following in a similar vein, employers can expect local ordinances to pop up following San Francisco’s trailblazing on issues like flexible schedules or larger statewide initiates increasing the protected characteristics under the Fair Employment and Housing Act.

This next year will likely continue to bring new and different changes that make doing business in California more complex and nuanced.  Understanding both local and statewide requirements for all aspects of employment is critical for the success of any business.


Chicago Ordinance Requires Employer to Provide Paid Sick Leave

Posted in Employee Handbooks & Policies, Medical & Other Leaves

The City of Chicago joined a growing list of cities requiring private employers to provide paid sick leave to its employees. With no federal sick pay requirement, employers in the City of Broad Shoulders will now need to bear the burden of paying employees who miss work for qualifying reasons.   Continue Reading

New Notice Requirements For Employer Wellness Programs

Posted in Employee Handbooks & Policies, Privacy

Employers who sponsor employee wellness programs must plan now to comply with a new notice requirement that takes effect soon. Beginning with the first plan year on or after January 1, 2017, employers sponsoring wellness programs that collect employee health information (such as through a health risk assessment or biometric screening) must issue a notice to employees before employees provide health information to the wellness program. The notice must inform employees what information will be collected under the wellness program, how it will be used, who will receive it, and how it will be kept confidential. Continue Reading

Double Trouble: EEOC Increases Penalty for Posting Violations

Posted in Disability, Employment Counseling & Workplace Claims Prevention

Employers might want to wander right now into their office break rooms to review the legal rights posters on display to be sure they are current and accessible. Failure to comply with posting requirements will cost employers more than double, starting next week. Continue Reading

New EEOC Guidance on Leave Imposes Greater Obligations on Employers

Posted in Medical & Other Leaves

Employers must consider providing unpaid leave and giving priority to disabled employees who want to be re-assigned under new guidance from the EEOC last month. In the new EEOC Guidance available here “Employer-Provided Leave and the Americans with Disabilities Act”, the EEOC states that if an employee requests it, an employer must consider providing unpaid leave to an employee with a disability as a reasonable accommodation, so long as providing the unpaid leave does not create an undue hardship for the employer.  Continue Reading