7 Things You Should Know From the 2013 Employment and Labor Law Update

June 6th, 2013 by

2013ELLU-FlashCAI hosted its annual Employment and Labor Law Update at Raleigh’s McKimmon Center on May 22 and May 23. More than 430 people attended the conference to hear the latest updates in state and federal law.

Attorneys from Ogletree Deakins imparted important information to conference attendees about issues currently facing employers. Some of the topics included health care reform, unemployment insurance reform, North Carolina legislative updates, and wage and hour audits.

Below is a list of some of the pertinent information shared at the conference that company leaders should know:

Health Care Reform

1) The “pay or play” mandate of the Affordable Care Act  applies to “Applicable Large Employers”

  • An “Applicable Large Employer” is an employer with 50 or more full-time employees
  • “Employer” includes all entitles within the same controlled group of entities, including parent-subsidiary relationships and brother-sister relationships.

2) According to the “pay or play” mandate of the Affordable Care Act, Applicable Large Employers can choose to:

  • “Pay” by not offering coverage to all of their full-time employees and their dependents  OR
  • “Play” by offering coverage to their full-time employees and their dependents

3) Penalties Associated with the “pay or play” mandate include:

  • “’No Coverage‘ penalty”: Employer fails to offer coverage to all full-time employees and their dependents AND one or more full-time employees purchases coverage through the Exchange AND is eligible for premium tax credit or subsidy
    • § Penalty is $2,000 per full-time employee excluding the first 30 full-time employees
  • Employers that choose to “play” can still be subject to a penalty if they offer “Inadequate Coverage.” For example:
    • § Employer offers coverage to all of its full-time employees and their dependents but that coverage is NOT “affordable” OR does not provide “minimum value”
    • § Any full-time employee purchases coverage through the Exchange and receives a subsidy or tax credit

Complying with the Americans with Disabilities Act (ADA)

4) The ADA prohibits discrimination against qualified individuals with a disability, and it requires employers to make reasonable accommodations for disabled individuals where no undue hardship results for the employer.

5) Employee must be a qualified individual with a disability, meaning:

  • Must meet qualification standards for position
  • The individual must be qualified to perform the essential functions of the job with or without reasonable accommodation
  • Employers do not need to eliminate essential job functions

Workplace Violence

6) Workplace violence is any act of aggression, or threat of an act, that threatens the safety, security, or well-being of an individual who is at work or on duty.

  • One in six violent crimes occurs at work, including 7 percent of all rapes, 8 percent of all robberies and 16 percent of all assaults

7)  Workplace bullying is defined as repeated infliction of intentional, malicious, and abusive conduct that interferes with a person’s ability to do his/her work and is substantial enough to cause physical or psychological harm and a reasonable person would find hostile or offensive.

  • There is a strong correlation between bullying and violence
  • 43 percent of bullying comes from coworkers
  • 25 percent of bullying targets have protected status (other than gender)
  • 80 percent of bullying targets are women

If you are interested in attending CAI’s next Employment and Labor Law Update in 2014, please contact an Account Manager at 919-878-9222 or 336-668-7746.

2 Responses to “7 Things You Should Know From the 2013 Employment and Labor Law Update”

  1. […] relevant for employers from the CAI annual Employment and Labor Law Update at the end of May. The 7 Things You Should Know From the 2013 Employment and Labor Law Update cover health care reform, unemployment insurance reform, North Carolina legislative updates, and […]

  2. Women need more protection from workplace bullying, hope female soldiers can be included. Thanks for the information updates!

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