Expert Compliance Insights & Tips for Businesses
March 29, 2017
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Testifying before Congress today, Health and Human Services Secretary Tom Price pledged to uphold the Affordable Care Act (ACA, or Obamacare) so long as it is "the law of the land," including the individual and employer mandates.
“So long as the law is on the books, we at the department are obliged to uphold the law,” he said.
According to reports, however, Dr. Price skipped around questions ...
March 28, 2017
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'More Resolved Than Ever' to Repeal Obamacare, House Leaders Say
Only four days after the humiliation of not being able to unite their party to vote for a replacement for the Affordable Care Act (ACA, or Obamacare), House Republican leaders said "we're closer today to repealing Obamacare than we ever were before," and in the words of Majority Whip Steve Scalise, "more resolved than ever to repeal this law."
House Speaker Paul Ryan refused to put a timeline ...
March 28, 2017
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Trump Signs Joint Resolutions Killing Four Obama-era Regulations
On Monday, March 27, President Trump signed four separate Joint Resolutions of Congress to kill regulations issued under President Obama, the most notable of which being the Fair Pay and Safe Workplaces Rule.
The nullifications came about through the mechanism of the Congressional Review Act (CRA), which gives Congress 60 session days after a regulation is issued to overturn it by majority vot...
March 27, 2017
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OSHA Launches 'Safe and Sound' Campaign
The Occupational Safety and Health Administration (OSHA) launched its "Safe and Sound Campaign" recently, calling on employers to review their safety and health programs to protect workers, and reduce workplace injuries and deaths.
"With just a phone call, companies can contact OSHA for assitance in achieving safety compliance. Working together with businesses, unions, and employees, we can re...
March 24, 2017
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Repeal and Replace Gets Trumped
President Trump has pulled Ryancare from the agenda at the House of Representatives and no vote will be held.
“We just pulled it,” Trump told Robert Costa, a reporter for The Washington Post, in a phone call. The vote was scheduled for 3:30 p.m. EDT.
In a tweet, the president then invited Democrats to work with him on fixing Obamacare.
The Paul Ryan bill, known as the American Health Care Ac...
March 23, 2017
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Supreme Court Limits Presidential Appointment Powers
The Supreme Court this week curtailed the appointment power of presidents by ruling that no one can be named as an acting head of a federal agency if that person has been nominated for the full position and that position requires Senate approval.
The ruling springs from an action by then-President Barack Obama, who in 2011 named Lafe Solomon as acting general counsel of the National Labor Rela...
March 23, 2017
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Congress Overturns OSHA 5-Year Recordkeeping Rule
Congress has rejected the so-called Volks Rule from the Occupational Safety and Health Administration (OSHA) that mandated businesses retain records of injuries and illnesses for five years instead of the six-month period of the statute of limitations in the OSH Act. Using the Congressional Review Act (CRA), the Senate completed the legislative process with a 50-48 vote yesterday. President Tru...
March 22, 2017
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Another Judge Upholds DOL Fiduciary Rule
Saying she found "the plaintiffs' position on the merits unpersuasive," U.S. District Chief Judge Barbara M.G. Lynn in Dallas has dismissed a motion for a preliminary injunction against the Department of Labor (DOL) Fiduciary Rule (aka "Conflict of Interest" rule), which is set to take effect April 10.
The request for injunction was sought by several trade groups, including the U.S. Chamber of...
March 22, 2017
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11th Circuit Court Holds that Title VII Does Not Cover Sexual-Orientation Discrimination
Joining every other circuit court except D.C., the 11th Circuit Court of Appeals has ruled that Title VII of the Civil Rights Act of 1964 does not cover discrimination based on sexual orientation.
“[W]e are bound to follow a binding precedent in this Circuit unless and until it is overruled by this court en banc or by the Supreme Court,” the three-judge panel ruled on March 10.
However, the ...
March 22, 2017
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HHS Secretary, CMS Administrator Reach Out to States on Improving Medicaid
Seema Verma was recently sworn in as the Administrator of the Centers for Medicare & Medicaid Services (CMS). After her swearing-in ceremony, Health and Human Services (HHS) Secretary Tom Price, M.D., and Verma took their first joint action, cosigning a letter to the nation’s governors affirming the department’s intent to work with states to improve the Medicaid program and the lives of th...