Employers Are Ultimately Responsible For Safe Hiring When tragedy strikes, we all ask why? In the recent case of the Navy Yard shooting, many are asking, “why did the background screening of Aaron Alexis tragically fail?” “I don’t think the background check failed; I think the process failed,” Jason Morris, president of background-screening provider EmployeeScreenIQ, …Read More
Occupational Safety & Health Administration (OSHA) is committed to using all of its inspection and enforcement authority to compel employers to anticipate and avoid incidents of workplace violence. OSHA’s past and present inspections, citations and large fines demonstrate that it is not hesitant to use that authority. The prudent employer acts in advance. That employer protects …Read More
As of September 16, 2013, employers must treat lawfully married same sex couples as married for purposes of withholding and benefits. Individuals may amend their open tax returns (generally 2010 through 2012) to change their filing status if validly married during that year. Individuals may file for a refund of any taxes paid on “imputed …Read More
If you buy a defunct company, from its bank or out of receivership or bankruptcy, make sure that you aren’t liable for any actual, or alleged, labor and employment law violations of the old company. The burden of proof is on you — even with an asset purchase and hold-harmless agreements. Federal courts can simply ignore these.
Often, labor and employment law’s “federal successor liability rules” actually trump state business laws and contracts designed to protect buyers.
Guidance Needed From Federal Agencies The Supreme Court’s decision in United States v. Windsor finding Section 3 of the Defense of Marriage Act (“DOMA”) unconstitutional has implications in many facets of law beyond domestic relations. That Section of DOMA defined “spouse” as “only a person of the opposite sex who is a husband or wife” …Read More
John Fischer, a member of the Strauss Troy Labor | Employment Law practice group, recently served as a contributing editor for the recently published Fair Labor Standards Act, Second Edition, 2012 Cumulative Supplement. John was a past contributing editor for the initial Fair Labor Standards Act, Second Edition and the 2011 Supplement. The Fair Labor …Read More
As a business owner, you have likely followed news coverage of the Supreme Court arguments regarding the Affordable Care Act, and are interested to find out which provisions might be affected. One of the more controversial provisions of the Affordable Care Act is the Employer Mandate, which provides that business owners with at least 50 …Read More
Employers sponsoring 401(k) plans have been hearing from their investment advisors about “fee disclosures” that have to be given to plan participants who choose their own investments in the company plan. The goal of these IRS regulations, now effective July 1, 2012, after having been delayed several times, is to arm investors with information about …Read More
The most successful companies foresee, plan for, and take advantage of business opportunities before their competition. They also identify and make sure that they are well-prepared to avoid, or manage successfully, potential future problems, including legal problems, which could sabotage their taking full advantage of current or future business opportunities. Strauss Troy’s approach to conducting …Read More
As the economy continues to struggle, the number of companies implementing layoffs and reductions in force likewise continues to grow. Along with that growth comes a corresponding increase in employment-related litigation. Recently, it was reported that 45% of the respondents to a survey of corporate counsel on litigation issues and trends cited labor and employment …Read More