2014: The Affordable Care Act Is Alive and Well - Are You Ready?
By Frank J. Fanshawe, Esq. and Sandy M. McDermott, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP
The U.S. Department of the Treasury (Treasury) recently announced yet another delay in the Employer Shared Responsibility (ESR) provisions of the Affordable Care Act (ACA). While this latest suspension in the enforcement of the ESR provisions may lead some employers and insurers to believe that issues regarding the Act can wait, that is simply not the case. Several key aspects of the ACA that took effect on January 1, 2014, impact employers and insurers alike.
Another Victory for Insurers in the Application of the Insured v. Insured Exclusion to Failed Bank Litigation
By Thomas K. Hanekamp, Esq. and Kathryn A. Formeller, Esq. of Tressler LLP
Coverage was unambiguously precluded by an Insured v. Insured exclusion for claims brought by the FDIC against former bank directors despite the insured's arguments concerning industry purpose and ambiguity. BancInsure, Inc. v. McCaffree, No. 12-2110, 2014 U.S. Dist. LEXIS 24941 (D. Kan. Feb. 27, 2014).
Employer Can Fire Worker Who Refused FMLA Leave for Violating No-Show Policy, Federal Court Rules
By Jamie C. Allen, Esq. and Cynthia Sandoval Esq. of Jackson Lewis P.C.
An employer did not violate the federal Family and Medical Leave Act for terminating an employee for violating its no-show, no-call policy, where the employee elected not to take protected FMLA leave, even though the reason for the employee's need for time off would have been covered under the statute, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Escriba v. Foster Poultry Farms, Inc., Nos. 11-17608 & 12-15320 (9th Cir. Feb. 25, 2014). Affirming a judgment in favor of the employer on the employee's claim for interference with her FMLA rights and rights under California law, the Court also ruled the district court did not err in admitting evidence about the plaintiff's prior FMLA leave.
Engineer Not Liable for Telling Contractor It Would Be Paid for Differing Conditions
By Donald O'Brien, Esq. Hinshaw & Culbertson LLP
JEM Contracting, Inc. v. Morrison-Maierle, Inc., 373 Mont. 391, 318 P.3d 678 (Jan. 28, 2014)
Plaintiff contractor was hired by two Montana Counties ("the Counties") to work on a road construction project. Defendant engineering company was hired by the Counties to provide engineering services and supervision on the project.
By Joseph M Hanna, Esq, of Goldberg Segalla LLP
A recent decision by regional director Peter Sung Ohr of the National Labor Relations Board (NLRB) declared that Northwestern University football players are school employees, and have the right to unionize. This movecould have vast potential ramifications for academic athletics and the NCAA, two groups that have traditionally worked together to set rules for players classified as "student-athletes."
Employer Can't Avoid California Kin Care Law Through ERISA
By Marc Zimet, Esq. of Jampol Zimet LLC
The California Court of Appeals recently held in Airline Pilots Association International v. United Airlines, Inc. that employer United Airlines could not escape compliance with California's "Kin Care" Law by creating an employee sick leave plan and trust and claiming it to be subject to the Employee Retirement Income Security Act (ERISA).
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