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IAML Insights

June 15, 2017

With its “employer mandate”—i.e., the requirement that applicable large employers make an offer of group health coverage to substantially all full-time employees or face the prospect of a penalty—the Affordable Care Act (ACA) opened a fault line in the previously monolithic market for group health insurance. There is large cohort of American...

June 14, 2017

Poll in-house counsel about the things that keep them up at night.  The contents of a wage statement (commonly known as a “pay stub”) would be way down that list.  After all, the federal Fair Labor Standards Act (FLSA) and Florida state law do not require any specific information on employee pay stubs. Logic suggests that sleepless...

June 14, 2017

In the era of the ever-present cell phone, where many people seem to video and record (and then post to social media) virtually everything that goes on in their lives, employers have tried to limit such activity in the workplace with blanket “no recording” policies. These were just dealt a blow last week, when the Second Circuit affirmed a...

June 13, 2017

On November 23, 2016, we issued a Client Bulletin titled “Employers Can Breathe A Sigh of Relief Come December 1: Court strikes down overtime rule.”  But a new lawsuit in federal court in New Jersey puts a gulp in that sigh of relief. Background As previously reported, regulations that would have more than doubled the...

June 12, 2017

Every now and then, I am told that it’s unfair for employers to take action against employees who misbehave off duty. “No it isn’t,” I reply. Although I wouldn’t recommend firing everybody who gets in trouble away from work and outside work hours, sometimes the behavior is so awful that you just have to. Exhibit A: Colleen Campbell...

June 12, 2017

The past two years have been busy for the Department of Labor’s Wage and Hour Division. One can directly track a large part of its busy workload to its enlargement of who qualifies as an “employer” under the Fair Labor Standards Act. In 2015, the DOL issued guidance re-defining, and broadening the definition of, who qualifies as an “...
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