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GOP ‘still has options’ after pulling ACA repeal bill

On March 24, Republican lawmakers pulled their proposal to undo parts of the Affordable Care Act (ACA) when it became clear they didn’t have the necessary votes to pass the bill in the House. The American Health Care Act would have, among other things, effectively voided the ACA’s employer mandate, which requires large employers to […]

Selling Safety to the C-Suite

To run an effective safety program, you need to be an enthusiastic booster of safety.  However, enthusiasm won’t win over management—you need to make the business case for safety as well. Management will readily agree that safety is important, and they know that they have a moral–and legal–obligation to maintain a safe workplace.  But sometimes […]

Agencies issue ACA-related regulations addressing contraceptive coverage

On July 10, the U.S. Department of Health and Human Services (HHS), the U.S. Department of Labor (DOL), and the U.S. Department of the Treasury issued final regulations on coverage of certain preventive services under the Affordable Care Act (ACA). Specifically, the new regulations focus on the ACA’s controversial “contraceptive mandate.” The contraceptive mandate Under […]

Unconstitutional Individual Mandate Would Obviate Need for Employer Mandate, Benefits Council Says

If the individual mandate under health care reform is struck down, it will render the employer mandate meaningless, the American Benefits Council (ABC) argues in an amicus brief to the U.S. Supreme Court. ABC does not argue about the constitutionality of the individual mandate; instead it says that it is non-severable from the law’s insurance […]

Managing Workers With Mental Disabilities: ADA May Protect Anxiety-Ridden Employees Who Can’t Interact With Others; Practical Approaches To Take

How do you deal with an employee who’s disruptive and can’t get along with co-workers? The obvious answer may be a warning or other discipline. But the federal Ninth Circuit Court of Appeal says employees like these may have a mental disability protected by the Americans with Disabilities Act (ADA), and that instead of disciplining […]

Arbitration: Mandatory Arbitration OK for Wrongful Termination Claims–but Only if Agreement Is Fair; Make Sure Your Agreements Will Hold Up in Court

The California Supreme Court has decided that its landmark ruling in 2000 that required mandatory arbitration agreements to contain certain fairness protections for employees isn’t just limited to discrimination and harassment claims. We’ll explain the court’s new opinion.

Electronic Surveillance: California Supreme Court Rules On When A Phone Conversation Is Confidential; How To Monitor Employee Calls Without Getting Sued

A new California Supreme Court ruling highlights a state law that prohibits the secret tape-recording of phone conversations. Although the case didn’t involve an employer-employee dispute, it has important workplace implications. We”ll explain the decision and provide guidelines on when you can legally monitor employee phone calls. Wife Allegedly Plots To Kill Sick Husband The […]

Occupational Health and Safety Law May Apply to Nonworkers

A customer is hit by a car in your parking lot and is severely injured. You call 911 and a fire truck and ambulance arrive on the scene. A police officer also interviews all witnesses. This makes sense – the customer needs medical attention and the police have to investigate the incident. Surely your obligations […]