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January employment law round-up

01 Feb 2018 3:57 PM | Anonymous

While our board brings you a monthly legislative report, highlighting new employment-law based proposals at the state and federal level, you may not find that information that relevant presently.  Point in case: to date, there have been 8,667 proposals made in Congress, of which about 327 have been employment-related.  Only a few of those are likely to become laws impacting you.  We do want you to be informed and understand when something is moving forward so you can make your voice heard and to that end, we’ll work on how to do that better.  But we also recognize there are plenty of other ways the HR profession is changed beyond these handful of laws created by Congress or the state legislature each year.  So, in an effort to try to capture that important detail to you and get it out in more manageable chunks, I’m proposing this monthly round-up.

The intent is to link to other great articles and information providing a smorgasbord of things that could impact you and letting you choose what’s important to delve into further.  Like it?  Tell us about it – comment here or on our Facebook page.

·         Tax Reform - technically this happened in December, but since it was so close to the end of the year, I think some people missed the nuances.  Did you know the individual mandate for healthcare reform was repealed?  https://www.associatedbrc.com/Resources/Resource-Library/Resource-Library-Article/ArtMID/666/ArticleID/592/Tax-reform-bill-becomes-law


·         Cadillac Tax - For those beginning strategic planning for your benefits plan and how to avoid this tax, you should note the tax got kicked down the road another 2 years (delayed to 2022).  https://www.associatedbrc.com/Resources/Resource-Library/Resource-Library-Article/ArtMID/666/ArticleID/597/Breaking-news-on-the-Cadillac-Tax

·         DOL Internship Test – If you use unpaid interns (or want to), you may want to take a look at this:   https://www.theemployerhandbook.com/2018/01/8027.html#more-8027

·         Wage & Hour opinion letters – some obscure, but helpful opinions were resurrected by DOL, which may help your company: https://www.theemployerhandbook.com/2018/01/trump-dol-just-unearthed-bunch-employer-friendly-bush-era-opinion-letters.html#more-8033

·         Drug policy – The 7th Circuit sends a claim to the jury over whether a fire department used racial motive to decide whether to send a particular individual for alcohol testing https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/court-report-blood-alcohol-test-discrimination-claim.aspx

·         Work comp & staffing agencies  - can temporary workers you get from a staffing agency sue you for negligence, instead of claiming work comp?  Turns out yes (but only if they don’t make a work comp claim first) http://lindner-marsack.com/news/employers-who-utilize-temporary-or-loaned-employees-are-now-potentially-liable-for-third-party-claims-brought-by-an-injured-employee

·         Non solicitation – WI courts just found non-solicitation agreements must follow the same standards for non-competes (so reasonable in time, scope, and geography) http://lindner-marsack.com/news/wisconsin-supreme-court-declares-that-non-solicitation-of-employee-provisions-are-governed-by-the-same-wisconsin-statute-that-addresses-non-compete-provisions ; http://www.vonbriesen.com/legal-news/3618/open-season-on-your-employees

What did I miss?  Let us  know by commenting below!


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