Tag Archives: Obama

July 2013
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Employment Law

Obama Puts the Brakes on Obamacare

Late yesterday the Department of Treasury announced that the Obama administration will provide employers that are covered by the Affordable Care Act an additional year before they are required to provide health care coverage to “full time employees” or pay a penalty.  Currently, the ACA defines full time employees as those employees who work an average of 30 hours or more per week.  This 1 year extension means employers now have until January 1, 2015 before they will have to “pay or play” under the ACA.

The extension is based on the complexity of the requirements and the need for more time to implement them effectively.  It will be interesting to see whether any other changes to the ACA, such as a change in the definition of full time employees, occurs before January 1, 2015.  Stay tuned for further updates!

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January 2013
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Employment Law

Obama’s NLRB appointments struck down

Today the D.C.  Circuit Court of Appeals held in a unanimouns ruling that President Obama’s appointments to the NLRB while the Senate was in recess were unconstitutional.  The Court based its holding on the fact that the Senate technically remained in session during the  20 day “recess” and thus the President could not appoint a member to the NLRB without Senate confirmation.

Expect this decision to be appealed to the United States Supreme Court.  If the decision is upheld, or the Supreme Court doesn’t take the case, all the decisions by this improperly appointed Board will be invalid.  The majority of those decisions, including decisions on social media policies and at-will disclaimers, are very anti-employer.  This will be interesting to watch, so stay tuned.

You can read more about the decision at this link.  http://www.chamberlitigation.com/noel-canning-v-national-labor-relations-board-nlrb

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