Legal and Legislative Update 2016
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NOTE: This program has been approved for 2.0 hours of Professional Development Credit by SHRM and General credit by HRCI.
I. Affordable Care Act Update: Bill Spigonardo, Vice President with Frenkel Benefits, will review the critical upcoming changes to the Affordable Care Act (Obamacare) and will address best practices for HR Professionals to assist their organizations with the continued implementation. Issues covered will include, but not be limited to:
- Increased penalties for Individual Mandate.
- Expansion of the definition of “small employer” and its impact.
- Employer Mandate penalty calculations now applicable to more employers.
- Small Business Health Options Program now open to more employers
- Changes in annual in-network, out-of-pocket maximum cost – including deductibles, copays and coinsurance.
- Changes to the IRS penalty caps.
- The Self-Insurance Option
- Legislative Update
Employment Law Attorneys Nancy Gage and Howard Vex will provide a detailed legal update and best practices presentation on the following important legal issues facing HR Professionals in 2016:
- Paid Sick Leave – Update on new local, state and federal requirements/proposals.
- Wage & Hour – Anticipated Impact of Changes to Requirements for Exempt Status.
- Employer vs. Independent Contractor – Update, including U.S. Department of Labor’s July 15, 2015 “Administrator’s Interpretation” and “Joint Employer” liability.
III. Federal and State Case Law Update
Employment Law Attorneys Howard Vex and Nancy Gage will provide a detailed review of eight critical court cases from 2015 that impact all New Jersey employers.
- Aguas vs. State of New Jersey (New ER Affirmative Defense for LAD Vicarious Liability Claims)
Decided by N.J. Supreme Court on February 11, 2015.
- EEOC v. Abercrombie & Fitch Stores (Can ER Deny Muslim Woman a Job Over Head Scarf?)
Decided by U.S. Supreme Court on June 1, 2015
- Obergefell v. Hodges (States Cannot Restrict Same Sex Marriages – Impact on the Workplace?)
Decided by U.S. Supreme Court on June 16, 2015
- Jones vs. Dr. Pepper Snapple Group (ER must prove Employee was aware of formal and informal complaint structures to assert Aguas Affirmative Defense to Hostile Work Environment Claim.)
Decided by N.J. Appellate Division on August 3, 2015
- Hansler v. Lehigh Valley Hospital Network (ER Must Request More Information Before Denying FMLA Leave Based on Deficient Medical Certification)
Decided by Third Circuit Court of Appeals, September 16, 2015
- C.M. vs. Maiden Reinsurance Services (Handbook’s Mandatory Arb. Clause is “Unenforceable.”)
Decided by N.J. Appellate Division on September 18, 2015
- Kenny v. Onward Search (ER Can Be Held Liable for Damages from Rescinding Job Offer.)
Decided by U.S. District Court for the District of New Jersey, December 7, 2015
- Rodriquez vs. Raymor & Flanagan (Can ER Reduce LAD’s 2 Year Time Frame for Claims?)
Argued before N.J. Supreme Court on December 1, 2015.
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Nancy C. Gage, Esq.
Nancy Gage is partner with the boutique labor and employment law firm, Vex & Gage, LLC.. Nancy’s 24 year legal career includes several years’ experience with large law firms including, Stryker, Tams & Dill and Jackson, Lewis, Schnitzler and Krupman, one of the nation’s largest labor and employment law firms. Her many years of handling a myriad of labor and employment matters, both as legal counsel and as the chief personnel officer for two separate municipal employers, have given her a unique expertise and insight in the labor and employment arena, both private and public. Nancy can be contacted via email at: [email protected].
Bill Spigonardo is a Vice President with Frenkel Benefits, LLC., one of the largest privately held insurance brokers in the United States. Bill serves as an employee benefits broker and consultant with over 30 years of corporate benefits experience. Bill is experienced and licensed in all aspects of employee benefits, property casualty coverage, compliance, voluntary benefits, 401(k), 403(b) and defined benefits plans and fees and expenses evaluations. Bill has served on the Sussex Warren Chapter Board for 7 years and is responsible for sponsorship. Bill can be contacted via email at: [email protected]
Howard A. Vex, Esq.
Howard Vex was the founding member of Vex & Gage, LLC in 2013. Prior to that, Howard headed the Employment Department at Courter, Kobert & Cohen in Hackettstown for ten years and previously worked with Jackson, Lewis, Schnitzler and Krupman, one of the nation’s largest labor and employment law firms. Mr. Vex brings 24 years of experience and insight practicing in the field of labor and employment law and litigation in New Jersey. He has served as trusted employment counsel for a wide array of clients, from large national corporations to smaller local businesses. Mr. Vex is a graduate of Cornell University’s School of Industrial and Labor Relations and current serves as Past-President of the Sussex-Warren Human Resource Management Association. Mr. Vex can be contacted via email at: [email protected].