Labor & Employment Blog Posts From June 2019

• Blog: 5 Tips to Avoid Wage & Hour Liability in California
  Date: June 26, 2019 Title: 5 Tips to Avoid Wage & Hour Liability in California
  Summary: Wage and hour litigation is an area of law that is incredibly nuanced, but incredibly important. Every California employer is faced with the daunting task of avoiding liability for wage and hour law violations. Fortunately, employers can greatly reduce the risk of exposure by following these five simple tips....
• Blog: Colorado’s Equal Pay for Equal Work Act: What Employers Need to Know Before 2021
  Date: June 18, 2019 Title: Colorado’s Equal Pay for Equal Work Act: What Employers Need to Know Before 2021
  Summary: On Wednesday, May 23, 2019, Colorado Governor Jared Polis signed into law Senate Bill 19 085 (also known as the Colorado Equal Pay for Equal Work Act), which imposes new, stringent obligations on Colorado employers as to hiring practices, promotion procedures, and record-keeping requirements. Importantly, this new law becomes effective on January 1, 2021....
• Blog: In Colorado, Employers May Assert Concurrent Claims for Civil Theft & Breach of Contract Against Employees
  Date: June 13, 2019 Title: In Colorado, Employers May Assert Concurrent Claims for Civil Theft & Breach of Contract Against Employees
  Summary: The Colorado Supreme Court recently resolved a philosophical split within the lower courts as to whether claimants are barred from pursuing both civil theft and breach of contract claims in the same litigation, and answered in the negative. The ruling has broad implication across the spectrum of employment litigation throughout the state....
• Blog: A Human Resources Challenge – The Insider Threat To Data Assets
  Date: June 10, 2019 Title: A Human Resources Challenge – The Insider Threat To Data Assets
  Summary: On April 23, 2019, a privacy notification by the FBI stated that U.S. businesses are reporting a significantly increased amount of data loss as a result of insider threat actors. Companies should not assume that this warning falls squarely within the domain of their Information Technology or Chief Information Security Departments. The vast majority of data-loss incidents have a human component, so what can HR departments contribute to minimize the “Insider Threat”? ...
• Blog: Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 2 of 2
  Date: June 06, 2019 Title: Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 2 of 2
  Summary: What Constitutes a “Plan Asset” and How Do Employers Allocate and Distribute a Premium Rebate When the Employees’ Contribution to the Group Health Plan is Treated as a Plan Asset? The premium rebate an employer receives from their health insurance provider may be considered a “plan asset.” Under, and subject to, the Employee Retirement Income Security Act (ERISA), if the rebate is considered a “plan asset,” then it must be used within three months of when it is received by the plan sponsor. ...
• Blog: Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 1 of 2
  Date: June 05, 2019 Title: Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 1 of 2
  Summary: What Should Employers Know About the “Affordable Care Act” and the Medical Loss Ratio? These days, with readily available access to various political and social media platforms, one may find that the phrase “Affordable Care Act” has evolved into a “buzzword” occasionally used to promote a partisan agenda. Regardless of the current political climate and differences in opinions, most employers should have a general understanding and knowledge of the medical loss ratio under the Affordable Care Act (ACA)....