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The Department Of Labor Publishes Model COBRA Notices Incorporating The Federal 65% COBRA Subsidy
Last week, the United States Department of Labor (the “DOL”) published model COBRA notices which incorporate the requirements of The American Recovery and Reinvestment Act of 2009 (the “Stimulus Package”). The Stimulus Package provides a 65% subsidy of COBRA continuation coverage premiums (or premiums for continuation coverage under any state law similar to COBRA) for a period of up to nine months. In order to be eligible for the subsidy...
Deadline For Implementation Of Certain New Standards
Regarding Security Of Personal Information Extended To May 1, 2009 - Extended again until January 1, 2010
This week, the Massachusetts Office of Consumer Affairs and Business Regulation extended the deadline for companies to comply with recently-issued regulations which implement a 2007 Massachusetts law regarding the protection of personal information of Massachusetts residents. Companies now have until May 1, 2009, rather than January 1, 2009, to implement the requirements of the regulations. However, it is important to note that the Act, which requires specific written notices of data security breaches and the proper disposal of personal information, has been in effect since October 31, 2007. On February 12, 2009, the Massachusetts Office of Consumer Affairs again extended this deadline, this time until January 1, 2010.
The Americans with Disabilities act is Amended
On September 25, 2008, President Bush signed into law the Americans With Disabilities Act Amendments Act of 2008 (the “ADA Amendment Act”). The ADA Amendment Act implements certain changes and clarifications to the ADA which will go into effect on January 1, 2009. In passing the ADA Amendment, Congress found that the Courts and the Equal Employment Opportunity Commission had been interpreting the ADA in a manner which is narrower than the Congress intended in passing the original ADA in 1990.
Update: Massachusetts Commission Against Discrimination Clarifies Position On Maternity Leave For Men
As discussed in the June Client Alert, Massachusetts Commission Against Discrimination (“MCAD”) Commissioner Martin Ebel recently caused some controversy by publicly stating that the MCAD may reinterpret the Massachusetts Maternity Leave Act (“MMLA”) to apply to men. According to Commissioner Ebel at that time, Massachusetts employers must provide maternity leave under the MMLA to men as well as women, even though the statute specifically applies to “female employees” only.
Massachusetts Commission Against Discrimination Reinterprets Massachusetts Maternity Leave Act As Applying To Men
Massachusetts Commission Against Discrimination (“MCAD”) Commissioner Martin Ebel recently announced what may be a dramatic change in policy by the MCAD regarding the Massachusetts Maternity Leave Act (“MMLA”). According to Commissioner Ebel, Massachusetts employers must provide maternity leave under the MMLA to men as well as women, even though the statute specifically applies to “female employees” only.
Massachusetts Employers Face Mandatory Treble Damages for Violations of Wage & Hour Laws
April 2008
On April 14, 2008, the Massachusetts Legislature amended the Massachusetts wage and hour laws, making treble damages (and attorney’s fees) mandatory for all violations of the Commonwealth’s complex wage and hour laws. The new law will be effective July 13, 2008, and dramatically increases the likelihood of wage and hour lawsuits as well as the amount of potential damages in such lawsuits for all companies doing business in Massachusetts.
New Federal Regulation Issued Regarding Employer's Response to "No Match" and "Notice of Discrepancy" Letters
August 2007
On August 10, 2007, as part of the Bush administration’s ongoing efforts to reform the nation’s immigration laws, the Department of Homeland Security (the “DHS”) issued a new regulation to “clarify” existing federal laws that impact immigration. Unfortunately, this new “clarifying” regulation imposes new procedural burdens upon employers when they receive a “no match” letter from the Social Security Administration (the “SSA”) or a “notice of discrepancy” letter from the DHS after undergoing an audit of its I-9 Forms. The new regulation becomes effective 30 days after it is published in the Federal Register, which is expected to occur this week.
Recent Developments Under The Massachusetts Wage Act August 2006
Labor & Employment Client Alert
August, 2006
Massachusetts Minimum Wage Increased
The Massachusetts Legislature overrode Governor Romney last week and enacted legislature which increases the minimum wage in Massachusetts. Effective January 1, 2007, the minimum wage in Massachusetts will be $7.50 per hour. Effective January 1, 2008, the minimum wage in Massachusetts will be $8.00 per hour.
The Massachusetts Division of Occupational Safety has indicated that, as a result of the increase in the minimum wage, it will issue new wage and hour regulations. The Massachusetts Division of Occupational Safety has indicated that it intends for the new regulations to address some long-standing questions regarding certain wage and hour issues, including the proper payment of employees paid on a commission basis.
Meanwhile, before its Summer Recess, the United States Senate debated a bill which would increase the federal minimum wage to $7.25 per hour over the next three years. The United States House of Representative has approved the bill.
We will keep you advised of any developments in this area.
Please feel free to contact us if you have any questions or would like advice regarding any labor or employment matter.
USERRA Regulations Finalized & New USERRA Posting Published January 2006
Labor & Employment Client Alert
January, 2006
USERRA Regulations Finalized & New USERRA Posting Published
The United States Department of Labor (the “DOL”) recently published final regulations regarding the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the federal statute pertaining to military leave. These final regulations become effective January 18, 2006.
As explained in our March, 2005 Newsletter, the DOL first published interim USERRA regulations in March of 2005. These interim regulations provided guidance regarding USERRA and included a requirement that all employers provide to persons entitled to rights and benefits under USERRA a notice of the rights, benefits, and obligations of such persons and such employers. At that time, the DOL published a model notice (i.e., a workplace posting) that met the requirements of the regulations.
In March of 2005, per the normal requirements for finalizing federal regulations, the DOL requested comments from the public regarding the interim regulations and the model notice. In December of 2005, the DOL closed the period of time for accepting comments and issued final regulations which incorporated some of the changes requested by the public. Thus, it is important that employers ensure that they refer to and rely upon the December, 2005 version of the USERRA regulations. Copies of the final USERRA regulations can be downloaded from the DOL’s website at www.dol.gov/vets.
Importantly, the DOL also issued a revised model USERRA workplace posting which incorporates some minor changes required by the final USERRA regulations. This new USERRA posting is different than the posting published by the DOL in March of 2005. Thus, all private employers should now post the USERRA posting with a publication date of December of 2005, which can be downloaded from the DOL’s website at www.dol.gov/vets.
Please feel free to contact us if you have any questions or would like advice regarding any labor or employment matter.