The Paley Rothman Blog
Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys. The information in the blogs and articles is not a substitute for legal advice and should not be relied on as such. Should you have any questions or want legal advice, please contact the attorney who wrote the blog or article.
March 6, 2014
As recently reported by the Orlando Sentinel an adult store has been sued by a former employee after the store’s owner required all sales staff to submit to a polygraph examination. According to the lawsuit, the store’s president was seeking to resolve the loss of several thousands of dollars of merchandise. In the lawsuit, the former employee alleges that she was terminated as a result of failing the polygraph examination.
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February 12, 2014
By
Jessica Summers on February 12, 2014
On February 10, 2014, the IRS and Department of Treasury issued its much anticipated final regulations on the implementation of the ACA’s employer shared responsibility provision (a.k.a. the “employer mandate”). To the surprise of most onlookers and the relief of many employers, the regulations include another delay of the mandate for employers with under 100 employees.
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January 31, 2014
By
Hope Eastman on January 31, 2014
Take-away: Temporary but sufficiently severe impairments, whether caused by injury or permanent conditions, should be considered disabilities for purposes of the ADA and for triggering the employer’s obligation to engage in the interactive process.
On January 23, 2014, in Summers v. Altarum Institute, Corporation, (Case No. 13-1645, 4th Cir., January 23, 2014 ), the United States Court of Appeals for the Fourth Circuit held, in a case of first impression, that a temporary impairment, if sufficiently severe, can qualify as a disability under the ADA and the ADAAA, triggering a reasonable accommodation obligation for the employer.
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December 12, 2013
By
Jessica Summers on December 12, 2013
Congress is once again taking aim at addressing the misclassification of independent contractors. On November 12, Senator Bob Casey (D-PA) introduced the Payroll Fraud and Prevention Act (PFPA) of 2013 (S. 1687). The bill is essentially identical to one bearing the same name that was introduced in 2011, but on which no action was taken. The reintroduction of this bill should serve as a reminder to employers to review worker classifications for current employees and contractors and to carefully consider classifications and hiring policies for new hires.
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