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HHS Kicks Off HITECH Privacy Audits

A wave of HIPAA privacy audits far more comprehensive than anything attempted to date was officially launched Nov. 8 by the U.S. Department of Health and Human Services (HHS). While their official purpose is not enforcement, these audits are likely to cast a broader net than HHS scrutiny has to date — including possibly group […]

News Notes: Independent Contractor Reporting Reminder

Beginning Jan. 1, 2001, you’re required to report independent contractor earnings information to the Employment Development Department. The new law is designed to track down parents who are delinquent in paying child support. Private and public employers need to report payments made to independent contractors if you expect to pay at least $600 to the […]

Court: Accommodation That Eliminates Essential Functions Is “Per Se” Unreasonable

Allowing an employee to sit for half of her shift, thereby eliminating several job duties, is “per se” unreasonable, the U.S. District Court for the Northern District of Georgia has found. The case, EEOC v. Eckerd Corp. (d/b/a Rite Aid) (No. 1:10-CV-2816-JEC (N.D. Ga., July 9, 2012)), involved Fern Strickland, a drugstore cashier with osteoarthritis […]

News Notes: Ninth Circuit Says Alter-Ego Employees Jointly Liable for Unpaid Wages

According to a new Ninth Circuit ruling, a group of health care employees who worked more than 40 hours a week, with the time split between two employers, was eligible for overtime pay because the companies qualified as a single enterprise. The two companies, A-One Health Care and Alternative Rehabilitation, had substantially merged their operations […]

Reasonable Accommodation: Court Examines Limits to Employer’s Obligation to Engage in Interactive Process with Disabled Employee

When Pacific Bell service technician Clarence Allen became disabled, his doctor told the company the disability prevented Allen from performing anything other than sedentary work. Allen then asked Pacific Bell to accommodate his disability by allowing him to return to his service technician position without requiring him to climb poles and ladders. Requested Accommodation Denied […]

DOL Extends Comment Period on Proposed Domestic Caregiver FLSA Exemption

Today the Labor Department extended the comment period for proposed changes to the Fair Labor Standards exemption for domestic caregivers. To date the agency has already received a flood of comments on the proposed regulation which would remove domestic caregivers from the Fair Labor Standards Act’s current exemption from minimum wage and overtime pay. Currently, the FLSA provides […]

COBRA

Court Recasts ERISA/Tax Claim Under PHSA, Allowing COBRA Notice Case to Proceed

By Gwen Cofield Governmental employers and the benefit plans they sponsor are generally exempt from the Employee Retirement Income Security Act’s (ERISA) Consolidated Omnibus Budget Reconciliation Act (COBRA) provisions but are still required to offer COBRA coverage to qualified beneficiaries under the Public Health Service Act (PHSA).

Maryland parental leave law takes effect October 1

by Kevin C. McCormick Maryland’s new Parental Leave Act (PLA), which grants unpaid parental leave benefits to employees working for some employers too small to be eligible for leave under the federal Family and Medical Leave Act (FMLA), will take effect October 1. The PLA requires employers with 15 to 49 employees to provide unpaid […]

Hiring Minors This Summer? What You Need to Know About Child Labor Laws

Child labor is highly regulated as to hours, age, and type of work, by both the federal and state governments. Let this book program and audio conference help keep you in compliance … and out of court. Yesterday’s Daily Advisor reported the onset of the annual teen summer job hunt … thousands of youngsters seeking […]