Do You Offer Equal Paternity Leave?

The Equal Employment Opportunity Commission (EEOC) announced today that Estée Lauder, the beauty product manufacturer, has entered a settlement agreement in the amount of $1.1mm to settle a class action lawsuit filed on behalf of 210 male employees who allege that Estée Lauder discriminated against them on the basis of their gender.  The allegations included that Estée Lauder provided “new fathers less paid leave for bonding with a newborn, or with a newly adopted or fostered child, than it provided new mothers. The parental leave policy at issue was separate from medical leave received by mothers for childbirth and related issues. The EEOC also alleged that the company unlawfully denied new fathers return-to-work benefits provided to new mothers, such as temporary modified work schedules, to ease the transition to work after the arrival of a new child and exhaustion of paid parental leave.” The EEOC filed suit in U.S. District Court for the Eastern District of Pennsylvania last August alleging unlawful sex discrimination in violation of the Equal Pay Act (EPA) and Title VII of the Civil Rights Act of 1964.  The U.S District Court entered a consent decree July 17, 2018 awarding the male members of the class action...

This content is available only to AAA members.
Log In or Register

Massachusetts Legislative Update

Last week the Senate passed a measure (HB 4640) that would raise the Massachusetts Minimum Wage to $15.00 per hour incrementally over the next five years. The Bill would also phase out the time and a half pay that some retail establishments who currently must pay employees who work on Sundays and certain holidays and establishes a permanent tax holiday. Governor Baker and Massachusetts law makers were eager to move this initiative in an effort to block a ballot initiative. The Bill would also establish a paid family and medical leave program for workers. The paid leave program will be funded by a new .63% payroll tax with contributions from both employers and employees. Businesses with fewer than 25 employees will not have to contribute to the fund. The program would go into effect on January 1, 2021 and would provide for up to 12 weeks of paid family leave, 20 weeks of medical leave, up to a total of 26 weeks in a year. Workers on leave would be paid a portion of their weekly wage with the average cost being $4.25 per employee per week. The Bill has been sent to Governor Baker’s office for consideration but will...

This content is available only to AAA members.
Log In or Register

July Brings Legal Changes for Employers in Many States

Oregon Statewide Transit Tax Important notice to ambulance service employers based in the state of Oregon: there is a new statewide transit tax taking effect on July 1, 2018. Beginning July 1st, employers must start withholding a tax of 1/10th of 1% from the wages of Oregon residents or from non-residents who perform services in Oregon. The Department of Revenue has published detailed information on the statewide tax with a list of available resources to assist employers with compliance. Iowa Lowers Standard for Positive Alcohol Tests Effective July 1, 2018, Iowa employers may lower their standard for taking employment action for positive alcohol tests from the old state standard of .04 to .02. Iowa has one of the strictest employment drug and alcohol testing requirements in the country. Employers are required to have a written policy that is distributed to all employees and job candidates for their review. Employers must establish a drug and alcohol awareness program alerting employees of the dangers of drug and alcohol use in the workplace, and most employees must be provided an option to enter a rehabilitation program instead of being disciplined. In addition, all supervisory staff must attend a two-hour initial drug and alcohol...

This content is available only to AAA members.
Log In or Register

IRS Notice 1036

The Internal Revenue Service has released Notice 1036, which updates the income-tax withholding tables for 2018 reflecting changes made by the tax reform legislation enacted last month. This is the first in a series of steps that IRS will take to help improve the accuracy of withholding following major changes made by the new tax law. If you have a payroll service, they should be ensuring that your organization is using the correct withholding tables.  Employers should be using these new tax withholding amounts as soon as possible but no later than February 15, 2018.  If you need assistance with ensuring that your organization is utilizing the appropriate withholding schedule....

This content is available only to AAA members.
Log In or Register

EMS Employer Year-End Wrap-Up and Preview

2017 was a bit of a wild ride in the employment realm.  The Trump Administration worked to change the trajectory set during the eight years of the Obama Administration.  This past year, we saw the undoing or attempts to undo many of the Obama Administration initiatives, including the Fair Labor Standards Act (FLSA) updates, changes to the Persuader Rule, interpretations of Title VII as it relates to transgender protections.  Not to mention the repeated attempts to chip away at the Affordable Care Act (ACA). In addition, there were several new requirements for employers that went into effect in 2017 and a few upcoming in 2018.  Here is a quick review to ensure that your service is up-to-date and compliant. The Fair Labor Standards Act Changes These changes, which would have more than doubled the minimum salary levels for those “White Collar” exemptions, were set to go into effect back in 2016.  A Federal Court in Texas enjoined and put on hold these changes until the question of whether the Department of Labor (DOL) had the authority to unilaterally change the Regulations.  In July, 2016, the DOL published an Request For Information (RFI) with responses due in late September, requesting input...

This content is available only to AAA members.
Log In or Register

401k Contribution Increase Announced

The Internal Revenue Service (IRS) announced last week that it will increase the maximum 401k contribution from $18,000 to $18,500 for 2018.  Also increasing is the maximum contribution by both employer and employee from $54,000 to $55,000 for next year. This is the first time in several years that the IRS has increased these maximum amounts. Plan administrators should adjust their systems to reflect the new contributions limits and ensure that they appropriately notify all employees about the changes....

This content is available only to AAA members.
Log In or Register

New I9 Form Released

Last January we alerted members that the United States Citizenship and Immigration Services (USCIS) announced that employers would be required to utilize the new Form I9 starting in September 2018. The new Form I9 was finally published on July 17, 2017. (Tip: The new version is identifiable as it features an expiration date in the top right corner of August 31, 2019.)

Employee Wage Deduction Restrictions

I often get questions from ambulance services regarding the things that employers can deduct from an employee’s wage. Many year ago, it was commonplace for employers to deduct the cost of uniforms or vehicle accident repairs if they were found “at fault” for the accident from employee wages. The Fair Labor Standards Act (FLSA) is the Federal law that restricts or governs the deductions an employer may take from an employee’s paycheck. The HR Daily Advisor published a great article about the restrictions surrounding deductions from an employee’s paycheck. As always, contact the AAA with any questions regarding this or any other Human Resource or employment law compliance question....

This content is available only to AAA members.
Log In or Register