Arkansas Employment Law Update – March 2017

Mandated Health Benefits – Parity in Cancer Medications On March 20, 2017, Arkansas Governor Asa Hutchinson signed legislation (H.B. 1592) providing parity in health benefit plan coverage between orally administered anticancer medication and intravenously administered medication. The bill prohibits health benefit plans that provide coverage for anticancer medications to require higher co-payments, co-insurance, or deductibles for orally administered anticancer medications …

Connecticut Employment Law Update – March 2017

Connecticut Supreme Court Provides Guidance on Test for Independent Contractors In Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act, the Connecticut Supreme Court held that whether an employment relationship exists for unemployment compensation purposes, “evidence of the performance of services for third parties is not required to prove part C of the ABC test but, rather, is a single …

Idaho Employment Law Update – March 2017

ICHR Updates Employment Discrimination Poster The Idaho Commission on Human Rights (ICHR) has updated its Employment Discrimination Poster. The updated poster includes added information pertaining to age discrimination (40+) and provides that employees are protecting from retaliation for exercising their rights under the law. The new revision date is 3/1/17. View the Poster The post Idaho Employment Law Update – …

Maine Employment Law Update – March 2017

Maine Supreme Court Holds That “Business Necessity” Standard Applies in Age-Based Disparate Impact Claims On March 7, 2017, in Scamman v. Shaw’s Supermarkets, Inc., the Maine Supreme Court held that the “business necessity” standard applies to disparate impact age discrimination claims under the Maine Human Rights Act (MHRA) rather than the federal Age Discrimination in Employment Act’s (ADEA) “reasonable factor …

Michigan Employment Law Update – March 2017

MDCR Updates Employment Discrimination Poster The Michigan Department of Civil Rights (MDCR) has updated its Employment Discrimination Poster. The updated poster includes new time limits for persons with disabilities needing accommodations for employment to notify their employers. It also contains updated MDCR contact information. The new revision date is 02-2017. View the Poster The post Michigan Employment Law Update – …

North Dakota Employment Law Update – March 2017

Joint Employer Liability Protection On March 21, 2017, North Dakota Governor Doug Burgum signed legislation (H.B. 1139) providing liability protection for joint employers. Pursuant to the law, notwithstanding any other provision of law or any voluntary agreement between the U.S. Department of Labor and a franchisee, an employee of a franchisee is not considered an employee of the franchisor. The …

Oregon Employment Law Update – March 2017

Oregon Court Rejects BOLI’s New Guidance on Calculating Daily and Weekly Overtime for Mills, Factories, and Manufacturing Establishments The Oregon Bureau of Labor and Industries (BOLI) recently announced a new interpretation of its overtime rules for mills, factories, and manufacturing establishments. Under the new guidance, employees in these establishments must be paid overtime for hours worked in excess of 10 …

Ask the Experts: Building a Company’s First Handbook

Question: We are a growing company and this will be our first employee handbook. What types of policies do we need to consider as we put our handbook together? Answer: While handbooks are not required by law, they are a great tool for educating employees as to what is expected of them and what they can expect from the company, …

Congress Abandons Effort to Repeal the ACA

On Friday, Republicans in the U.S. House of Representatives pulled pending legislation, known as the American Health Care Act, from further consideration. The bill had been scheduled for a vote on the House floor Friday afternoon but, recognizing that it was headed for defeat, the House leadership cancelled the vote. It is now unlikely that Congress will pursue any legislation …

Has the Supreme Court invalidated almost two years of actions by the NLRB Acting General Counsel?

(Maybe, but employers shouldn’t get too excited.) By David Phippen, Washington DC Metro Office of Constangy, Brooks, Smith & Prophete, LLP For the second time, the U.S. Supreme Court has handed a setback to the efforts of the Obama Administration to make appointments to leadership positions in the National Labor Relations Board. In Noel Canning (2014), the Supreme Court invalidated three …