Court Criticizes the EEOC for Using a ‘Sue-First, Prove-Later’ Approach

A New York federal court not only recently dismissed a pregnancy discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC), but it also accused the agency of suing first and gathering the details later. “J’accuse!” is not enough in court. Evidence is required," the court opinion stated. In EEOC v. Bloomberg L.P., Judge Loretta […]

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HHS Introduces Bundled Payment Incentive for Health Procedures

The Department of Health and Human Services (HHS), working with the Centers for Medicare and Medicaid Services (CMS) and its new Innovation Center, is rolling out a program called Bundled Payments, which seeks to provide one lump-sum payment to all providers and physicians involved in an "episode" of care. An episode of care for a […]

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New Hampshire Drops Its Minimum Wage Law

Overriding the Democratic governor's veto, Republicans in the state legislature have abolished the state's minimum wage, which was $7.25 an hour, the same as the federal rate. With no state wage law, New Hampshire is now subject to the federal minimum. The House Republicans at the same time defeated a 75-cent increase in the (now-defunct) […]

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NLRA to Publish Final Rule on Required Posting on Aug. 30

The National Labor Relations Board (NLRB) has released its final rule for the National Labor Relations Act (NLRA) Employee Rights posting requirement. This will be published in the Federal Register on Aug. 30, 2011. This rule requires employers subject to the NLRA to post notices of employee rights under the NLRA. Subpart A of the rule […]

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USCIS Expands E-Verify to 16 Additional States

The online E-Verify Self-Check program offered by the United States Customs and Immigration Service (USCIS) has been expanded to 16 more states. Self-Check is open to individuals to verify that government databases contain the correct documentation to authorize them to work in the United States. The new states are California, Louisiana, Maine, Maryland, Massachusetts, Minnesota, […]

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Judge Sets Deadline for Former Wal-Mart Class-Action Plaintiffs to File Suit

A U.S. District Judge in San Francisco has set Oct. 28 as the date that former Wal-Mart class-action plaintiffs must file new lawsuits, but the order applies only to those women who previously had filed a complaint with the Equal Employment Opportunity Commission (EEOC) and received permission to sue for gender discrimination. "We believe the […]

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HHS Grants Another 106 Waivers from Obamacare

Though the Department of Health and Human Services has announced it will stop granting waivers from the Patient Protection and Affordable Care Act (PPACA) at the end of this September, this past week it granted another 106 of them. This brings the total of all waivers so far to 1472. The waivers are usually for […]

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New Haven Fire Department Again Challenged Over Promotional Practices

In Ricci v. DeStefano, the U.S. Supreme Court ruled that the 19 white and one Hispanic plaintiffs had been wrongly denied promotions when the New Haven, Conn., Fire Department decided to reject the results of a promotional exam as being biased and then promote African-American firefighters instead. The plaintiffs have all been promoted since the […]

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Cignet’s $4.3 Million Civil Penalty Represents New Phase in HIPAA Privacy Rule Enforcement

When earlier this year the Office of Civil Rights (OCR) hit Cignet Health with a $4.3 million civil penalty, it represented the opening volley in teethier enforcement of the HIPAA Privacy Rule under a new law that vastly increased the potential for fines. Cignet received the first-ever civil penalty under 2009's Health Information Technology for […]

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OFCCP Seeks Devlopment of Compensation Data Collection Tool

The Office of Federal Contract Compliance Programs (OFCCP) has issued an Advance Notice of Proposed Rulemaking to invite the public to provide input on the development and implementation of a compensation data collection tool. Possible uses for the collected data include generating insight into potential problems of compensation discrimination at the establishment level that might […]

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