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Individual mandate declared unconstitutional in Circuit Court ruling

The 11th U.S. Circuit Court of Appeals about 30 minutes ago issued a ruling that forcing Americans to purchase health insurance, a key element of the 2010 health reform law, is unconstitutional. The court however allowed the rest of the law stand (including preventive care, dependent care and preexisting condition mandates), overturning the lower court on […]

Reform Proposal Explains Monitoring of Exchanges and Refines Employer Plan Provisions

How health insurance exchange money is spent, which private insurance products may be offered on exchanges, who advises exchange consumers on plan choices and how well exchanges handle personal data will be under federal scrutiny, as explained in proposed program integrity rules issued by CMS on June 17. The rules also propose tweaks to existing regulatory language […]

Vermont Drops Immediate Demand for Liberty Mutual Data

A quick update on the case involving the state of Vermont’s demand for claims data from Liberty Mutual’s group health plan — the state agreed to drop its immediate demand for this information, pending the ultimate outcome of the lawsuit. The state’s health and insurance agency had issued a subpoena for this data, and Liberty […]

News Notes: “Serial” Harasser Costs Employer $1 Million

Three employees were awarded more than $1 million in damages after claiming that their employer failed to stop a co-worker who was harassing company employees for nearly two decades. The employees, who worked as customer service representatives for Ameritech Corp., alleged the co-worker had harassed 18 women over a 19-year period before finally being fired […]

News Notes: Workplace Deaths Are Down, But Homicides Rose In 2000

Data just released by the U.S. Labor Department show that in 2000 the annual fatality rate for U.S. workplaces dropped 2% to 5,195, an all-time low since the agency began keeping fatality statistics nearly a decade ago. However, while workplace deaths for white and black workers declined, fatality rates increased sharply for Hispanic workers, with […]

Bulletin Item: WCIRB Issues Updated Workers’ Comp Numbers

These new figures lower the benefits cost estimates, based in part on savings from last year’s reforms and AB 749. In other workers’ compensation reform news, Gov. Schwarzenegger continues to press the assembly for action by threatening a January ballot initiative to take the issue of workers’ comp reform to the voters.

Employment Law Tip: Warding Off Workplace Violence

In late January, a former U.S. postal worker went on a shooting rampage at a mail processing plant in the town of Goleta near Santa Barbara. The ex-employee killed five, wounded another, and then turned the gun on herself. She reportedly had been placed on medical leave from her job in 2003 for psychological reasons–at […]

Short Takes: Reference Checks

We’re trying to set up our policy for doing reference checks on final applicants. Can you help us with some basic guidelines? What if the former employers won’t talk?  Job Descriptions in California: How To Tackle Tricky Drafting Hurdles Job descriptions can be your best friend or your worst enemy from both a practical and […]

NLRB’s New Required Poster Available

The National Labor Relations Board (NLRB) has released the newly mandated poster it says is necessary to inform employees of their rights under the National Labor Relations Act (NLRA). The Board issued the final rule requiring most private-sector employers to display the poster on August 25, and it must be in place by November 14. […]

House Votes to Repeal ACA Small-group Insurance Expansion

The U.S. House of Representatives in a voice vote on Sept. 28 unanimously approved H.R. 1624, the Protecting Affordable Coverage for Employees Act, which would redefine small employer as having 50 or fewer employees and give states the option of expanding the definition to include employers with up to 100 employees. The previous definition had been groups […]