February Employment Law Updates

Last month I suggested that many of our states are the incubators for employment legislation and that ambulance services need to keep an eye on legislation at the local level and get involved if the legislation effects your business.  The leader in employment legislation from a state perspective is California.  This article highlights several pieces of legislation that were filed this year that will impact employers.

As I have stated several times in prior posts, webinars, and live sessions, the “Ban the Box” movement is growing momentum.  California has introduced a bill that will extent current “Ban the Box” protections applicable to State and City employers to private employers.  This would prohibit inquiries about a candidate’s criminal history until after a conditional offer of employment was made.

This is just one of the bills that were introduced.  The other include, Right to Work, Veteran’s Preference, and Employees and dependents Reproductive Health protections.  In addition, Assemblyman Freddie Rodriguez introduced legislation that may drastically impact private EMS providers and how they operate their service.

Last December the Department of Labor released final rule revising the claims procedure requirements for disability benefit plans under the Employee Retirement Income Security Act (ERISA).  The new rules are intended to add more procedural safeguards and protections for those filing claims under the plan.  For most employers who purchase or utilize a fully funded disability plan, these new requirements will fall to the insurer.  However, employers should be sure that the carrier is including these requirements in their plans as they are ultimately the plan fiduciaries.  The Society for Human Resource Management has a great article which summarizes the new rule requirements.

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Americans With Disabilities Act (ADA), California, Employee Retirement Income Security Act (ERISA)

Scott Moore

Scott A. Moore, Esq. has been in the emergency medical services field for over 26 years. Scott has held various executive positions at several ambulance services in Massachusetts. Scott is a licensed attorney, specializing in Human Resource, employment and labor law, employee benefits, and corporate compliance matters. Scott has a certification as a Professional in Human Resources (PHR) and was the Co-Chair of the Education Committee for the American Ambulance Association (AAA) for several years. In addition, Scott is a Site Reviewer for the Commission on the Accreditation of Ambulance Services (CAAS). Scott earned his Bachelor’s Degree in Psychology from Salem State College and his Juris Doctor from Suffolk University Law School. Scott maintains his EMT and still works actively in the field as a call-firefighter/EMT in his hometown. Scott is a member of the American Bar Association, the Massachusetts Bar Association, the Society for Human Resource Management, and the Northeast Human Resource Association.

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