Beyond U.S. Citizens And Lawful Permanent Residents: Are Other Classes Of Individuals Legally Authorized To Work Protected From Employment Discrimination?

In a novel case, a New York federal court judge recently denied an employer’s motion to dismiss a Section 1981 alienage discrimination class action lawsuit. The lawsuit alleges that Northwestern Mutual Life Insurance Company violated that Act by implementing a policy of hiring only U.S. citizens and lawful permanent residents.

Background

In Juarez v. Northwestern Mut. Life Ins. Co., the plaintiff, Ruben Juarez, a Mexican national living in New York City was a Deferred Action for […]

By | January 15th, 2015 ||

United States: Excepted Benefits: Final Regulations Provide Guidance On Dental, Vision And Employee Assistance Plans

The Departments of Labor, the Treasury, and Health and Human Services (the “Departments”) have recently published final regulations related to when limited scope dental and vision benefits and employee assistance programs (“EAPs”) qualify as “excepted benefits” not subject to certain requirements that otherwise apply to group health plans. These group health plan requirements were primarily established under the Health Insurance Portability and Accountability Act (“HIPAA”) and the Patient Protection and Affordable Care Act (“PPACA”) […]

By | January 15th, 2015 ||

United States: California Supreme Court Denies Review Of Cell Phone Reimbursement Case

In August, a California appellate court held in Cochran v. Schwan’s Home Service, Inc. that employers must reimburse employees for mandatory use of personal cell phones for business purposes, even if employees have unlimited plans and otherwise incur no additional out-of-pocket expenses for such use. The California Supreme Court refused to grant review of the decision, such that it will stand as established case law. See our September edition for a discussion of this […]

By | January 14th, 2015 ||