DOL Cracks Down on Fraudulent Health Plans

Under the Affordable Care Act, the Department of Labor (DOL) today published final rules relating to reporting requirements for multiple employer welfare arrangements (MEWAs) and entities claiming exception (ECEs) and the additional enforcement authority to crack down on fraudulent health plans.  Specifically, the law gives the department additional authority to issue ex parte cease and […]

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OFCCP to Strengthen Investigation and Enforcement of Contractor Pay Practices

The Department of Labor yesterday announced that its Office of Federal Contract Compliance Programs (OFCCP) is rescinding two enforcement guidance documents on pay discrimination originally issued in 2006, commonly known as the "Compensation Standards" and "Voluntary Guidelines."This action, to be effective Feb. 28, is intended to protect workers and strengthen OFCCP's ability to identify and […]

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HHS Rule Mandates Coverage for Mental Health and Substance Abuse

Department of Health and Human Services (HHS) Secretary Kathleen Sebelius has announced a final rule that will make purchasing health coverage easier for consumers.  The policies outlined will give consumers a consistent way to compare and enroll in health coverage in the individual and small group markets, while giving states and insurers more flexibility and […]

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Former Hostess Employees Certified for Trade Adjustment Assistance

The Department of Labor (DOL) has announced that approximately 18,000 workers laid off in 48 states from 864 Hostess company locations are eligible to apply for Trade Adjustment Assistance (TAA). "As President Obama said in his State of the Union address, 'to grow our middle class, our citizens must have access to the education and […]

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Supreme Court to Hear Donning and Doffing Case

The Supreme Court has opted to consider an appeal of a 7th Circuit Court decision that donning and doffing personal protective equipment (PPE) is not a "principal activity" that triggers the start of the workday, and time so spent thus does not have to be compensated. The case, Sandifer, et al. v. U.S. Steel Corp., […]

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ADAAA Settlements on the Rise

Since the adoption of the Americans with Disabilities Amendments Act (ADAAA) in 2008, there has been a dramatic increase in disability claims and settlements based on the ADAAA's expanded definition of disability. According to an analysis of Equal Employment Opportunity Commission (EEOC) statistics by Warren and Associates: Settlements related to claims of disability discrimination based […]

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California Partners with the DOL to Combat Worker Misclassification

California this month became the 12th state to enter into a memorandum of understanding (MOU) with the Department of Labor (DOL) to fight the widespread employer practice of misclassifying workers as independent contractors. "This memorandum of understanding helps us send a message: We are standing together with the state of California to end the practice […]

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EEOC Seeks Input on Measuring the Quality of Its Services

The Equal Employment Opportunity Commission (EEOC) has announced that it is inviting public input into a Quality Control Plan (QCP) under development as part of its Strategic Plan. In February 2012, the EEOC approved a Strategic Plan for fiscal years 2012-2016.  This Strategic Plan establishes a framework for achieving the EEOC's mission to stop and remedy […]

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Whistleblower Protection for Seamen Extended to OSHA

The Occupational Safety and Health Administration (OSHA) has published interim final rules that establish procedures governing whistleblower complaints filed under the Seaman’s Protection Act. The act protects seamen from retaliation for engaging in protected activity under the Act, including providing information to the government about an alleged violation of maritime safety laws or regulations. OSHA […]

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DOL Publishes Final Rule on Military, Flight Crew FMLA Leave

The Department of Labor (DOL) has published a final rule to implement changes to the Family and Medical Leave Act (FMLA) regarding leave for caregivers for families of servicemembers and for flight crews. The rule reads: This Final Rule amends certain regulations of the Family and Medical Leave Act of 1993 (the FMLA or the […]

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