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Healthcare reform provisions move forward: preexisting condition exclusions

On November 20, the Obama administration announced it is moving forward with certain provisions in the Affordable Care Act (ACA), including banning insurance companies from discriminating against people with preexisting conditions. The administration issued the following: A proposed rule that, beginning in 2014, prohibits health insurance companies from discriminating against individuals because of a preexisting […]

Recruiting Employees: Supreme Court Says You Can Be Bound by Out-of-State Noncompete Agreements; Practical Impact

Most California employers know that agreements that restrict employees from competing with former employers are illegal and that California courts won’t enforce them. But because of a new California Supreme Court ruling, it is now riskier for you to hire someone who has signed a noncompete clause with a company from another state. This new […]

Mental Health Parity Regulations Now Available

The U.S. Departments of Labor (DOL), Health and Human Services, and the Treasury recently published interim final regulations in the Federal Register that implement the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). These regulations are effective April 5, 2010, and apply to plan years beginning on or […]

Conciliate First, Court Tells EEOC as it Tosses out Lawsuit

The U.S. Equal Employment Opportunity Commission may not sue an employer unless it has engaged in pre-litigation conciliation — even for pattern or practice claims — a federal district court has held. The U.S. District Court for the Northern District of Illinois Oct. 7 dismissed an EEOC suit alleging that CVS Pharmacy’s separation agreement violated […]

News Notes: Free OSHA Compliance Advice Available Online

Federal OSHA has released free software on its web site – www.osha.gov – that can save you time and frustration in figuring out whether you comply with certain complex health and safety rules. Three interactive programs are available, including Asbestos Advisor, Cadmium Biological Advisor, and Confined Spaces Advisor, and more are in the works.

Year-end thoughts for the new year

by Jeffrey M. Cropp Now is a good time to sit back and reflect on the past year and make plans for the upcoming year. So relax, and think about the unexpected problems that arose this year, what you did to address them, and whether you could have done anything differently. It’s also a good […]

News Note: Federal Contractors May Need Clean Record For Three Years

Under a revised proposal by the Federal Acquisition Regulatory Council, companies would have to certify that they are in compliance with a broad range of federal laws to contract with the federal government. This new version of a rule proposed in 1999 clarifies the existing requirement that federal contractors have a satisfactory record of “integrity […]

News Notes: Independent Contractor’s Employee Can Sue If You Provide Unsafe Equipment

According to a recent California Court of Appeal decision involving Wal-Mart, you can be sued by an independent contractor’s employee if you supply equipment that’s involved in an accident injuring the worker. Wal-Mart had hired Musi-Cal to install a sound system in the retailer’s Chino, Calif., store. The work involved placing speakers and running wires […]

News Bulletin: Government Hunting Down Late Form 5500 Filers

The federal Department of Labor and the Internal Revenue Service have announced that they’re tracking down delinquent filers of Form 5500, which is required to be filed annually for benefit plans. And in December 2002, the agencies plan to begin sending out letters of inquiry to delinquent filers. Penalties for late filing can be steep, […]

Boomers Mean Business

By Marcia Akers Baby Boomers are now entering their retirement years while some members of “The Greatest Generation” remain in the workforce. Gen Xers and Yers are looking for advancement and rewarding entry-level positions. This first-ever phenomenon of having four generations in the workplace at the same time is creating challenges for employers, including how […]