Archive | June 2012

PPACA Ruling by Supreme Court

In a five-four decision, the Supreme Court released its opinion on the Affordable Care Act yesterday, finding the individual mandate constitutional and upholding the Act.  The Court decided that the individual mandate does violate the Commerce Clause, but ruled it constitutional because the requirement to purchase insurance is essentially a type of tax that falls under Congress’ taxing power.  Because of the finding, the Court did not need to decide whether other portions of the Act are constitutional, except for review of state eligibility requirements for Medicaid funding.  The Court limited some aspects of those eligibility requirements, but these changes do not affect employers.

Tennessee Lawful Employment Act Deadline

A new deadline is upcoming for Tennessee employers with 200 to 499 employees.  Beginning July 1, 2012, those employers must comply with the immigration law that addresses use of the federal E-Verify program for new hires.  Employers must check specific identity documents and retain them, or otherwise enroll in E-Verify.  The Tennessee law also requires the verification of work authorization for some non-employee workers as well.  Employers with 500 or more employees began compliance at the start of the year, with those having between 6 and 199 beginning compliance at the start of next calendar year.

NLRB Concerted Activity Map

The NLRB has added a new interaction map to its website that has pushpins allowing visitors to read about recent Board activity related to protected concerted activity.

The Board says, “If employees are fired, suspended, or otherwise penalized for taking part in protected group activity, the National Labor Relations Board will fight to restore what was unlawfully taken away. These rights were written into the original 1935 National Labor Relations Act and have been upheld in numerous decisions by appellate courts and by the U.S. Supreme Court. Recent cases involving a range of industries and employees are highlighted on the map below; please hover over a pin for a summary or click and the full story will appear below.”

Here is a link to the map:  http://www.nlrb.gov/concerted-activity.

Update on ADA Accommodation

Attorney George Samuel of Wilson Worley has written a new article for our firm’s employment clients on a recent opinion from a federal circuit court of appeals on making reasonable accommodation for an employee under the ADA.  He writes:

“The 6th Circuit Court of Appeals recently affirmed a District Court’s grant of summary judgment in favor of the employer where the employee alleged that the employer did not reasonably accommodate her alleged disability: narcolepsy.  In Regan v. Faurecia Auto. Seating, Inc., 2012 FED App. 0130P (6th Cir.), Faurecia, an automobile seat manufacturer and the employer, determined that the then-existing morning shift hours in Regan’s department of 6:00 a.m. to 3:00 p.m. were not efficient because the materials needed to complete the tasks of Regan’s department were only delivered after 6:00 a.m. from engineering departments within the company as those departments worked on a later schedule.  Therefore, Faurecia modified the morning shift for Regan’s department to 7:00 a.m. to 4:00 p.m. effective a few weeks later. . . .”

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