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Employee Benefits Due Diligence Should Be at Top of M&A Checklist

"No matter how the buyer seeks to limit its potential liability, ... the days of ignoring employee benefits and other employment-related issues in the diligence process are history. These issues matter in terms of legal liability, deal valuation (and evaluation) and post-acquisition integration of operations/policies/assets."

All Is Now Well? EEOC Finalizes Workplace Wellness Rules

"The new ADA rule does not change any of the confidentiality provisions in the EEOC's existing ADA regulations. It does, however, add two new requirements.... [E]mployers may only receive information collected by wellness programs in aggregate form that does not disclose, and is not likely to disclose, the identity of the employees participating in it, except as may be necessary to administer the plan.... [E]mployers may not require their employees to agree to the disclosure of their medical information or to waive the ADA's confidentiality protections as a condition for participating in a wellness program or receiving an incentive."

What the $100m Uber Settlement Means to All Employers

"Quite simply, this deal is a game-changer. It provides a blueprint for a possible path towards peaceful coexistence with workers without the specter of a class action lawsuit hanging over your heads at all times.... [T]his deal further presages the possible emergence of a new third classification of worker that reflects the reality of working in the gig economy in the 21st century.... Government regulators and elected legislators will take notice of this proposed solution and could see it as a model for developing laws covering gig economy working relationships."

East Meets West: Spokane Joins Western Washington Cities By Adopting Paid Sick Leave Law

"Similar to Tacoma's law, employees can use this paid leave for their own sick time, to care for a sick family member, to seek treatment or safety from domestic violence, because of public closures, or for bereavement in connection with the death of a family member.... Spokane employers can require employees to provide reasonable documentation if they take three or more consecutive days of paid leave."

Three Things You Need to Know About Court Ruling in Wellness Program Lawsuit

"Employers should feel buoyed by the fact that this decision so clearly places this wellness program into the protections of the ADA's safe harbor.... But in order to stay on the right side of the law, you would do well to heed some lessons from the Flambeau decision when establishing your wellness program. The court examined the program at issue from various angles to make sure it satisfied a number of conditions." [EEOC v. Flambeau, Inc., No. 14-cv-638 (W.D. Wis. Dec. 30, 2015)]

Seattle Adds Serious Teeth to Sick and Safe Leave Law

"Seattle is the now the first city in the country to create a private right of action under its mandatory paid leave laws ... The ordinance's amendments expand the definition of 'adverse action' by specifically calling out employment-related actions, including denying promotions, failing to re-hire after seasonal work interruptions, engaging in unfair immigration-related practices, and terminations.... A successful employee is entitled to reinstatement, or front pay in lieu of reinstatement, along with payment of unpaid wages plus interest. Prevailing individuals are also entitled to receive twice the amount of unpaid wages as liquidated damages, and receipt of a $5,000 to $20,000 penalty payment from the employer. The applicable statute of limitations is three years."

What Employers Need to Know About Tacoma's New Paid Sick Leave Ordinance

"Tacoma has now joined Seattle as the third city in Washington State to mandate paid sick leave for employees ... The new law will go into effect February 1, 2016. Tacoma has just issued its rules interpreting this law, making this the best time for employers to take steps to comply.... Tacoma's law differs from Seattle's law in many aspects, and should thus not assume compliance with Seattle means compliance with Tacoma."

Colorado Employers Face Significant Change In Vacation Pay Law

"The division's new position will prohibit any vacation pay policy in which an employee loses earned vacation time if it is not used by a certain time. In other words, once vacation pay has been earned, it cannot be 'unearned.' Earned and determinable vacation pay cannot be lost during employment or upon separation from employment."

The ACA Is (Apparently) Here to Stay: What Employers Need to Know

"Once you have decided how you will determine the full-time status of employees, and once you've written down those rules, you can tackle an issue that employers face nearly every day: how to treat employees during leaves of absence. In the past, employers subject to the Family and Medical Leave Act (FMLA) would offer COBRA to employees who need additional time off upon the expiration of their protected FMLA leave. For employers not subject to FMLA, employees on approved leaves of absence would often be offered COBRA at the beginning of their leave. That option is no longer available for employers who use the lookback measurement and stability period method to calculate eligibility."

Massachusetts Attorney General Publishes Final Rule on Earned Sick Time

"Employers who are eligible for the safe harbor must determine whether it is in their best interest to fully comply with the law on July 1, or to take advantage of the safe harbor through the end of 2015. Employers who have begun drafting new policies based on the EST law and draft regulations must review those policies to ensure that they are in full compliance with the final regulations."