Healthcare Reform Updates & Guidance
The Latest HR News
By Eamonn Hart
It's not always simple for an employer to recognize if an employee is disabled. Moreover, her disability may not always be something the employer sees as connected to her job. A recent case from the U.S. District Court for the District of Maine serves as a good reminder that when one examines the statutory definition of "disability," many conditions may qualify.
By Damian A. Myers
A recent spate of class action lawsuits alleging notice deficiencies under the Consolidated Omnibus Budget Reconciliation Act (COBRA) gives rise to the following question: What can employers and plan administrators do to mitigate the risks of liability for COBRA notice failures and other operational errors?
By Tammy Binford, Contributor
As the comment period winds down on a new proposed rule affecting overtime pay, employers need to consider the implications of the proposal that go beyond the U.S. Department of Labor’s (DOL) plan to set a new salary threshold for overtime eligibility.
By Amelia J. Holstrom
Back in October 2016, Massachusetts passed An Act to Establish Pay Equity (Pay Equity Act), which amended the state's existing pay equity statute and went into effect in July 2018. Before the law's effective date, the Massachusetts attorney general issued long-awaited guidance and then, employers waited for Sunday, July 1, to arrive. And soon after it did, the first lawsuit was filed under the new law.
The U.S. Department of Health and Human Services (HHS) has reduced significantly the yearly caps in the civil penalties that health plans and other covered entities may face for violating Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules.
By Charlie Plumb
Ever been frustrated by a former employee unfairly using your confidential business information and trying to take your customers? As it turns out, tattoo artists have trade secrets, too.
By Tammy Binford
The U.S. Department of Labor (DOL) has announced a new deadline—June 25, 2019—for submitting comments on its proposed rule on joint employment.
By Cathleen S. Yonahara, Freeland Cooper & Foreman LLP
A Los Angeles County jury awarded an Albertson's produce clerk $1,241,524 in damages for failure to engage in the interactive process, retaliation, and intentional infliction of emotional distress, and the trial court awarded him $843,333 in attorneys' fees and costs.
By Jennifer Kogos
In a recent case from the federal district court in New Orleans, the decision makers' lack of knowledge about the employee's disability was fatal to his disability discrimination and failure-to-accommodate claims.
Every once in a while, an employer’s benefits practice will potentially violate a state law. In those instances, the employer practice is protected by a doctrine known as preemption under the Employee Retirement Income Security Act (ERISA).