United States: Four More New Jersey Cities Enact Sick Leave Laws

Four New Jersey municipalities—Passaic, Paterson, Irvington, and East Orange—recently enacted  ordinances requiring employers to provide paid sick leave to their employees (collectively, the “Ordinances”). The Ordinances will take effect in January 20151 or, for employees who are covered by a collective bargaining agreement (CBA), upon expiration of the CBA.2Similar laws already have taken effect in Newark and Jersey City, as well as several jurisdictions across the country, including the States of Connecticut and California, […]

By | October 18th, 2014 ||

United States: Determination Of Employer "Pay Or Play" Assessment Under Affordable Care Act Cast Into Doubt Following Recent Court Split

As employers prepare to comply with the Affordable Care Act’s employer shared responsibility provision (or “Pay or Play” requirement) under Section 4980H of the Internal Revenue Code (the “Code”), two recent conflicting Court of Appeals decisions regarding the availability of the premium tax credit to purchase Marketplace / Exchange coverage could impact the Section 4980H’s employer assessment provision. 1 Section 4980H permits the Internal Revenue Service (“IRS”) to assess one of two payments on […]

By | October 18th, 2014 ||

United States: When The Unauthorized Practice Of Medicine And FMLA Fitness-For-Duty Certification Forms Collide

Although it has been more than two decades since Congress enacted the federal Family and Medical Leave Act (FMLA), many U.S. employers continue to grapple with the intricacies of its requirements. A recent decision from the Third Circuit (the federal appeals court for New Jersey, Delaware, Pennsylvania and the Virgin Islands) illustrates how a decision that might appear to be common sense from a practical standpoint may nevertheless violate the FMLA.  In this case, […]

By | October 17th, 2014 ||