Archive for July 2021
Calculating the ARP COBRA Premium Subsidy Tax Credit
On May 18, 2021, the IRS released Notice 2021-31 (the “Notice”) providing guidance on the temporary 100% COBRA premium subsidy under the American Rescue Plan Act of 2021 (“ARP”). The Notice addresses how to calculate the premium subsidy and the corresponding tax credit available to premium payees, as well as the rules for claiming the tax credit.…
Read MoreEEOC Issues New Guidance for Employers on COVID-19 Vaccinations in the Workplace
On May 28, 2021, the U.S Equal Employment Opportunity Commission (EEOC) issued new guidance seeking to clarify significant questions regarding mandating vaccines for employees, reasonable accommodation, and employee incentives for vaccination. In considering mandatory vaccination policies in the workplace, the EEOC advised employers to be mindful of whether certain employees may face greater barriers to…
Read MoreFederal Court Allows ACLU Pregnancy Discrimination Case to Move Forward
A federal court determined July 14 that the American Civil Liberties Union can move forward with a lawsuit against Frontier Airlines, alleging the company discriminated against pregnant and breastfeeding employees. Frontier Airlines had requested the court dismiss the case. In its complaint filed on behalf of four Frontier employees and “all others similarly situated,” (Hodgkins, et al,…
Read MoreCourt: FMLA Did Not Require Employer to Restore Worker to Position Eliminated During Leave
A financial services company was not obligated to give a worker returning from Family and Medical Leave Act leave any “right, benefit or position” other than what he would have received had he not taken leave, the 2nd U.S. Circuit Court of Appeals ruled (Barger v. First Data Corporation, No. 19-cv-3538 (2nd Cir., July 6,…
Read MoreExecutive Order has Little Immediate Impact on Employee Non-Competition and Related Restrictive Covenants
On Friday, July 9, 2021, President Biden signed an Executive Order on “Promoting Competition in the American Economy” (the Order) aimed at limiting certain anti-competitive practices across multiple sectors, including agriculture, telecommunications, technology and pharmaceuticals. The Order highlights a multitude of anti-competitive practices in these sectors, including the increasing pervasiveness of non-competition and related agreements…
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