Office for Civil Rights Publishes HIPAA Audit Protocol

The Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) has been conducting HIPAA privacy, security and breach audits since early this year and today released the protocol that is has being using to inform the audit process. The Health Information Technology for Economic and Clinical Health (HITECH) Act in […]

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Supreme Court Upholds PPACA’s Individual Mandate

The U.S. Supreme Court announced today (June 28, 2012) that it has upheld the individual health insurance mandate (buy insurance or pay a penalty) portion of the Patient Protection and Affordable Care Act (PPACA) as constitutional under Congress's taxing authority. The victory for the Obama administration was sealed when Chief Justice John Roberts in a […]

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Latest Round of 500 I-9 Audit Notices Sent Out

Immigration and Customs Enforcement (ICE), a wing of the Department of Homeland Security (DHS) tasked with enforcing immigration policies (among other duties), has issued another 500 I-9 Employment Verification Form audits to 500 American businesses in critical infrastructure, agriculture and other industries. These I-9 audits can lead to fines and even civil and criminal penalties […]

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DOL Focuses on Outreach to Employees About Their FMLA Rights

In a dual move in the past few days, the Department of Labor (DOL) has reached out to employees to provide educational resources about their rights under the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave for qualified workers facing serious health conditions or needing to care for […]

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DOL Disclosure Fee Regulations Take Effect July 1

The Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) is implementing a new disclosure rule effective July 1, 2012, regarding the fees associated with 401(k)-type investment plans. The final rule will require plan fiduciaries to release in both printed form and in Web format the costs associated with these retirement plans, including […]

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DOL to Host FMLA Webinar for Employers, Employees on June 27

The U.S. Department of Labor's Wage and Hour Division (WHD) will host a free webinar on June 27 at 2 p.m. EDT to help workers and employers understand the Family and Medical Leave Act. The department also has prepared a 16-page booklet, available online, that explains the FLMA and answers common questions. "The Family and […]

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OSHA to Publish Direct Final Rule on PPE Tomorrow

The Occupational Safety and Health Administration (OSHA) has prepared a direct final rule on the use of personal protective equipment (PPE), updating the existing standard promulgated in 2009 regarding the use of head gear, that it will publish in the Federal Register Friday, on June 22, 2012. If the agency receives no adverse comments from […]

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Trumped: Court Rejects NLRB Certification of ‘Card-Check’ Unionization at Casino

In 2007 the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America campaigned to organize the card dealers at the Trump Plaza in Atlantic City, N.J. Days before the election, the union assembled federal, state and local politicians, Trump employees and union organizers for a mock card-check vote, broadcast by a local TV […]

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Supreme Court Strikes Down DOL Interpretation of Pharma Reps’ Overtime Status

The U.S. Supreme Court today rejected an interpretation by the Department of Labor (DOL) that pharmaceutical sales representatives are hourly employees subject to overtime day. The 5-4 decision, in Michael Shane Christopher, et al., Petitioners v. SmithKline Beecham Corp. dba GlaxoSmithKline, restores the DOL's position on the issue that existed for decades prior to 2009, […]

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NLRB Launches Web Page on ‘Protected, Concerted Activity’

The National Labor Relations Board (NLRB) announced today that it has made public a Web page that describes the rights of employees to act together for their mutual aid and protection, even if they are not in a union. The page, at www.nlrb.gov/concerted-activity, tells the stories of more than a dozen recent cases involving protected […]

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