Expert Compliance Insights & Tips for Businesses
December 17, 2016
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The Centers for Medicare and Medicaid Services (CMS), which administers the health insurance marketplaces and regulates the provisions of the Affordable Care Act (ACA), on Friday threw down the gauntlet to President-elect Donald Trump and his incoming administration by issuing a final rule for the ACA for 2018 -- setting its effective date three days prior to Trump's swearing in.
Of course, an...
December 17, 2016
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And the DOL Cuts It Even Closer: Rule Takes Effect Two Days Before Trump
The Department of Labor (DOL) announced on Friday it will publish a final rule on Monday, Dec. 19 -- the day electors meet to cast their votes for the next president -- that will clarify employers' obligation to retain records of workplace injuries and illnesses for five full years.
The rule is scheduled to take effect on Jan. 18, 2017, two days before Donald Trump is to be sworn in as the 45t...
December 16, 2016
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7th Circuit Court Denies College Athletes Status as Employees
The U.S. 7th Circuit Court of Appeals has affirmed a district court's ruling that denied employee status under the Fair Labor Standards Act (FLSA) to student athletes at the University of Pennsylvania, who had filed suit to establish an employer-employee relationship.
In so ruling, the appellate court endorsed the U.S. Supreme Court's statement in NCAA v. Board of Regents, 468 U.S. 85 (1985) t...
December 14, 2016
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Obamacare Enrollment Deadline for Jan. 1 Coverage Extended to Dec. 19
Before the clock could even click toward midnight on Dec. 15, the original deadline for signing up for 2017 Obamacare policies that will take effect on Jan. 1, the Department of Health and Human Services (HHS) today extended the cutoff date to Monday, Dec. 19, at midnight.
"Millions of Americans have already signed up for coverage and tens of thousands more are in the process of getting covera...
December 14, 2016
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HHS Issues Final Rule on Family Planning Services Under Title X
The Department of Health and Human Services (HHS) today issued a final rule to clarify the regulations for family planning services under Title X of the Public Health Service Act and protect access to family planning services. Title X is the only federal program focused solely on providing family planning and related preventive services.
“This rule will strengthen access to essential services ...
December 13, 2016
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EEOC Issues Guidance on Workplace Rights Under the ADA
The Equal Employment Opportunity Commission (EEOC) has issued a resource document that explains workplace rights for individuals with mental health conditions under the Americans With Disabilities Act of 1990 (ADA).
Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights explains that job applicants and employees with mental health conditions are protected fr...
December 12, 2016
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Jenny Yang to Fill Out Term on EEOC, Retaining Democrat Majority
Current Equal Employment Opportunity Commission (EEOC) Chair Jenny Yang has announced she will fulfill her statutory appointment and not leave the agency until July 2017, giving the Democrats a three-to-two majority until that time. However, she will be forced to relinquish her chair to a Republican commissioner whom incoming President Donald Trump chooses.
Yang told Bloomberg news that she ho...
December 10, 2016
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5th Circuit Court Agrees to Expedite Overtime Injunction Review, But...
The 5th U.S. Circuit Court of Appeals, responding to a filing by the Department of Labor (DOL), has agreed to an expedited schedule for a review of a Texas federal judge's injunction blocking the DOL's overtime rule that was set to take effect Dec. 1.
Under the expedited process, the DOL must file its opening brief by Dec. 16, with amicus (friendly) briefs due a week later.
Now for the clinch...
December 7, 2016
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OSHA Seeks Input on Preventing Violence in Healthcare, Social Assistance Settings
The Occupational Safety and Health Administration (OSHA) today issued a Request for Information on whether to propose a standard to prevent workplace violence in healthcare and social assistance settings. The agency has also scheduled a public meeting on Jan. 10, 2017, in Washington, D.C., to discuss strategies for reducing incidents of violence in these workplaces.
A recent Government Account...
December 7, 2016
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OSHA Issues Advisory on Safety and Health Programs in Construction
The Occupational Safety and Health Administration this week issued Recommended Practices for Safety and Health Programs in Construction to help industry employers develop proactive programs to keep their workplaces safe. The recommendations may be particularly helpful to small- and medium-sized contractors who lack safety and health specialists on staff.
Safety and health programs encourage fi...