No matter the season, regulation of the workplace continues. We can help--contact us for our hot off the press Synopsis of Massachusetts and Federal Workplace Law. It is a new, streamlined resource to use as a handy reference. There are a few bright spots for employers, among the regulatory clouds:

DC Circuit court strikes down NLRB poster rule
The court found the rule mandating posters of an employee's right to organize violates an employer's First Amendment right not to be compelled to endorse a view with which s/he disagrees. The court stated that the NLRB did not have the authority to make the poster rule. This comes on the heels of the U.S. Court of Appeals for the D.C. circuit holding that the January 4, 2012, recess appointments of three members of the NLRB were invalid. This court is earning its reputation: where regulation goes to die. The NLRB intends to file a Petition for Certiorari with the U.S. Supreme Court for review of that decision.

2013 Massachusetts Employment Law Updates:

• Fair share employer contribution for health insurance- The new rules raise the fair share contribution threshold, the point at which employers become subject to fair share assessments, from 11 to 21 full-time employees. In addition, the new measurement no longer counts employees who have health care coverage through a spouse, government program, or elsewhere. The new rule goes into effect July 1, 2013.
• The 2012 Economic Development Bill takes some pressure off employers in 2013 that are found out of compliance with the fair share contribution requirements. The Commonwealth's Department of Unemployment Assistance (DUA) must allow an employer sixty days, rather than ten, to appeal a finding of noncompliance. The DUA cannot remove funds from an employer's bank account while an appeal is pending.
• Tax incentive to employers for creating wellness programs- a provision that will provide employers an annual tax credit of up to $10,000.00 for instituting wellness programs for their employees. These tax incentives took effect on January 1, 2013. The Commonwealth's Department of Public Health is expected to issue regulations with details on how employers can insure that their wellness program qualifies for the tax credit.
• Temporary Worker's Right to Know- Effective January 31, 2013, staffing agencies must provide to each employee for each new assignment a written job order containing particular information.
• Background Checks for School Employees- On January 10, 2013, Governor Patrick signed a law that authorizes the Department of Early Education and Care and school districts to conduct finger print-supported national criminal history background checks on all teachers, school employees, and early education providers in Massachusetts.

• FAQs about part XI- See http://www.dol.gov/ebsa/ regarding the implementation of the Act, including compliance with the new notice requirements; compliance of health reimbursement arrangements; disclosure of information related to firearms; self-insured employer prescription drug coverage supplementing Medicare part D; fixed indemnity insurance; and payment of Patient-Centered Outcomes Research Institute fees.
• Whistle Blower Protection (interim) - On February 22, 2013, the Occupational Safety and Health Administration published an interim final rule regarding Whistle Blower complaints filed under the Patient Protection and Affordability Care Act. This provision of the Federal Health Reform law offers protection to employees against retaliation by an employer for reporting alleged violations of the act or for receiving a tax credit or cost-sharing reduction as a result of participating in a health insurance exchange or market place.
• Final Rule for Multiemployer Health Care Arrangements- On February 28, 2013, the U.S. Department of Labor Employee Benefits Security Administration announced final rules under the Affordable Care Act to protect workers and employers whose health benefits are provided through Multi Employer Welfare Arraignments (MEWAs). The final rules increased the department's enforcement authority to protect participants in MEWAs and call for such plans to adhere to enhanced filing requirements According the DOL, employers are often told that MEWAs are more affordable than traditional forms of coverage, but unscrupulous promoters, marketers, and operators of certain MEWAs have taken advantage of gaps in the law to avoid state insurance regulations, putting enrollees at risk. The Affordable Care Act includes provisions implemented by the final rules that are designed to remedy these gaps.
• Proposed Rule on Waiting Periods- The Internal Revenue Service, the Department of Labor, and the Department of Health and Human Services have issued proposed rules on the Affordable Care Act requirements that prohibit group health plans and health insurance insurers offering group health insurance coverage from imposing any waiting period that exceeds ninety days.
• Health Insurance Premium Tax Credit- On February 1, 2013, the Internal Revenue Service published a final rule providing guidance on when an employer-sponsored plan is considered "affordable" for an individual related to the employee for purposes of eligibility for a premium tax credit.