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Health Care Reform Law Moves One Step Closer to Supreme Court

The Obama administration surprised many yesterday when the U.S. Department of Justice asked the U.S. Supreme Court to hear its appeal of a decision by the Eleventh U.S. Circuit Court of Appeals in Atlanta that the health insurance mandate provision found in the Patient Protection and Affordable Care Act (PPACA), the comprehensive health care reform […]

OCR to Take Closer Look at Smaller HIPAA Breaches

Most Health Insurance Portability and Accountability Act (HIPAA) enforcement has focused on the larger breaches of protected health information (PHI). But the U.S. Department of Health and Human Services (HHS) has not forgotten those incidents that fall below the “major” threshold of 500 individuals.

Negligent Hiring: Court Says You Can Be Sued For On-The-Job Injuries To An Independent Contractor’s Employees; 4 Key Steps To Take

Suppose an employee for a contractor you’ve hired gets injured on the job. Typically, the employee’s only recourse is to seek workers’ comp benefits from the contractor. But a new California Court of Appeal ruling exposes a problem that you might not expect when using independent contractors: You can be sued if the contractor’s employee […]

You Found Compensation ‘Disparities,’ Now What?

In yesterday’s Advisor, we looked at the DOL’s increasing focus on compensation issues and defending your system against attack. Today, more on defense, plus an introduction to an extraordinary collection of policies. It’s important to recognize that you need to be able to document an employee’s compensation history, not just their current salary, says consultant […]

Domestic Partners: New Law Expands Workplace Rights

Gov. Davis has signed into law a sweeping measure that expands domestic partner rights on insurance, sick leave and other issues. The new law takes effect Jan. 1, 2002. Expanded Workplace Rights For Domestic Partners These are the measure’s key provisions that will affect employers: Domestic partner definition. Domestic partners will include opposite-sex couples if at […]

DOMA Decision Creates Retirement Plan Challenges

The U.S. Supreme Court issued two highly anticipated rulings related to same-sex marriage on June 26 that essentially placed matters of marriage back with the states.  This has a direct impact on retirement plans. First, the Court held that Section 3 of the federal Defense of Marriage Act is unconstitutional based on the equal protection […]

Supreme Court Rules on Employer-Employee Arbitration Dispute

Today, in a 5-4 opinion, the U.S. Supreme Court outlined a new rule that employers must consider in disputes over the validity of arbitration agreements. More specifically, the Court had to determine whether under the Federal Arbitration Act, an arbitrator or a court has the authority to determine whether an arbitration agreement is enforceable, and […]