Your Get of Out Jail Free Card: Tips to Avoid Pitfalls Under the Texas Wage Theft Act

jail

In the classic version of the iconic board game Monopoly, “Monopoly Jail” is the first corner space after “Go.” When playing the game, no one really wants to be sent to jail, as it immediately takes away your turn and ends your ability to keep collecting money and property.

The same is true about your “work life.” Almost no one wants to go to jail because of their work. But federal, state, and local governments continue to enact laws that potentially send employers to jail for doing bad things—like engaging in wage theft.

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What the NLRB Can Teach You About Documenting Employee Misconduct

NLRB

Innocent mistakes are an unfortunate reality in our fast-paced, technology-driven society. But an employer does not have to tolerate an employee doubling down on his mistake by deceiving his employer and actively impeding an investigation into that mistake. That’s the main lesson from a recent Alabama federal district court opinion in which the judge held that the employer, which happened to be the National Labor Relations Board (NLRB), was within its rights to terminate its employee Gregory Powell, an NLRB field attorney with over 16 years of experience.

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Under Developing IRS Guidance (Not Final), an Employer Would Be Able to Fully Satisfy ACA’s Employer Mandate Without Maintaining Group Health Plan

ACA

Takeaway Message: A recent IRS notice provides a future path for employers to avoid ACA employer mandate penalties by reimbursing employees for a portion of the cost of individual insurance coverage through an employer-sponsored health reimbursement arrangement (HRA). While the notice is not binding and at this stage is essentially a discussion of relevant issues, it does represent a significant departure from the IRS’s current position that an employer can only avoid ACA employer mandate penalties by offering a major medical plan.

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Michigan Brings Legalized Recreational Marijuana to the Midwest

Michigan

Last month, Michigan became the 10th state, and the first in the Midwest, to legalize the recreational use of marijuana. The new statue, which became effective on December 6, 2018, is known as the Michigan Regulation and Taxation of Marijuana Act (“the Act”). Part of the Act’s stated intent is to decriminalize the personal possession and cultivation of marijuana by adults 21 years of age or older. The Act, among other things, allows individuals age 21 and older to possess or use up to 2.5 ounces of marijuana, and to possess and store not more than 10 ounces in their residence. Notably, the Act does not authorize the consumption or smoking of marijuana in public places. Continue reading this entry

New Year, Old Test? NLRB’s Continuing Efforts to Roll Back Obama-Era Joint Employment Standard Hit Another Roadblock

NLRB

If the NLRB were a TV drama (imagine the ratings!), the most recent Christmastime decision by the D.C. Circuit Court of Appeals would have been a season-ending cliffhanger. It leaves the future of joint employment in doubt and is yet another reminder that employers must remain vigilant around joint employment issues.

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