Impact of recent labor rulings on employers, wage and hour liability for NY LLCs, and more in the inaugural issue of Labor and Employment Law Update

Recent Labor Rulings and Impact on Employers

The NLRB started off the year by uprooting over 50 years of precedent in its decision in Guardsmark, LLC, which ultimately diminishes an employer's ability to communicate with employees in advance of mail-ballot elections. Read our discussion of the precedent and Guardsmark.

In Friedrichs v. California Teachers Association, the U.S. Supreme Court had before it the issue of whether public-sector employees can be required to pay a "fair share" fee in connection with a union's collective bargaining efforts on their behalf. The case was argued on January 11th, and Justice Scalia's passing a month later may directly impact the final decision. A 4-4 split is likely, which would effectively affirm the lower court's ruling in favor of the union. Continue reading for more.

U.S. Department of Labor Adopts Standard for Joint Employment Situations

On January 20, 2016, the Department of Labor's (DOL) Wage and Hour Division released an Administrator's Interpretation addressing what it considers to be a growing concern: joint employment. As a result, you may be liable for wage violations for employees that you didn't know you had or think were yours. Click here to find out why.

New York LLCs Subject to Wage and Hour Liability

Effective January 19, 2016, the top ten shareholders of all privately held corporations—incorporated either in or outside New York—will have joint and several personal liability for "all debts, wages or salaries due and owing" to any of the corporation's employees for all services performed for the corporation in accordance with the amended Business Corporation Law (BCL) § 630. Previously, individual shareholders were personally liable only for New York State corporations. Continue reading.

Industry Landing – Home Health Care

A home health care company has been ordered to pay civil penalties of $239,000 for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Lincare, Inc. supplies respiratory care, infusion therapy, and medical equipment to patients in their homes. In order to perform their jobs, Lincare employees must bring patient-specific medical records from the company offices to the patients' homes. Continue reading.

Benefits Corner – The Affordable Care Act

As we explained in an October 2015 Client Alert, the Affordable Care Act (ACA) imposes two different reporting obligations on employers. The deadlines were to have been in the first quarter of 2016. Recently, however, the IRS announced that it has extended those deadlines. Continue reading.

Venable's Labor and Employment Law group practices throughout the U.S. and internationally, representing clients and handling sensitive issues on a day-to-day basis. We routinely litigate matters in all administrative agencies, in state and federal trial courts, and in appellate courts across the country. Venable's full-service team has vast experience in defending wage-hour claims including class action matters on a nationwide or local basis, in labor relations matters and litigation proceedings before the NLRB and federal courts, and in providing advice on employee mobility issues and litigation of restrictive covenant claims in any forum.

Additional Articles and Publications

To read additional publications, please visit our website and review our publications.

We publish two L&E blogs: Class Action Perspectives for Employers and Trade Secrets & Transitions.