Expert Compliance Insights & Tips for Businesses

September 10, 2013

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State Court Strikes Down Indiana's 'Right-to-Work' Law

A state Suprerior Court on Monday invalidated the Indiana right-to-work statute that requires unions to represent workers even if they choose not to pay union dues. Judge John Sedia ruled that the law runs counter to the Indiana constitution's ban on delivering services "without just compensation." The statute, however, remains in effect while the state appeals the ruling to...

September 9, 2013

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Iowa Becomes Fourth State to RIDE with E-Verify

Iowa yesterday became the fourth state after Idaho, Mississippi and Florida to join the Records and Information from DMWs for E-Verify (RIDE) program, which collects driver's license and state ID information from participating states to be used in the employment verification process. Such state-based information then can be culled from the online databases that form the E-Verify progr...

September 9, 2013

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Time Warner, IBM to Move Retirees onto Private Exchanges

Both IBM and Time Warner are transitioning their retirees into private health insurance exchanges, moves announced against the backdrop of the upcoming operation of the Health Insurance Marketplaces created by the Affordable Care Act (ACA). Specifically, the two companies are planning to give retirees subsidies and/or options to purchase Medicare supplements on their own. IBM has sign...

September 8, 2013

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OSHA Online Form to Speed, Probably Increase Whistle-Blower Complaints

The Occupational Safety and Health Administration (OSHA), which overseas the 22 federal whistle-blower protection laws, recently announced plans to introduce an online form to facilitate the complaint-filing process. Prior to the upcoming online option, employees who felt they had been retaliated against for blowing the whistle at work had two recourses: 1) to phone the agency d...

September 7, 2013

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New Jersey Law Bans 'Salary Secrecy' at Work

New Jersey has enacted legislation banning "salary secrecy" and throwing open all personal information regarding one's own compensation, benefits, duties, job title and most everything else -- provided the person seeking the information is a coworker doing so with the object of investigating details for a possible discrimination complaint or claim. The law, which mimic...

September 6, 2013

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Study Probes Cost Structure of Marketplace Health Plans

In about three weeks, the Obamacare Health Insurance Marketplaces will begin servicing individual and small business customers with promises of "affordable care." Avalere Health has completed a study of the policies being offered nationwide and come up with five observations: Consumers will get to choose from four levels of coverage, representing out-of-pocket expenses. A...

September 5, 2013

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DOL Issues Another FAQ on Implementation of ACA

The Department of Labor (DOL) yesterday published a new set of Frequently Asked Questions (FAQs) regarding implementation of the Affordable Care Act (ACA), dealing primarily with the upcoming Marketplace Notice of Coverage Options and the 2014 implementation of the 90-day-waiting-period limitation for employer-provided health plans. Significantly, the FAQs clarify that Marketplace Notices...

September 4, 2013

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New Jersey Enacts Social Media Privacy Bill

New Jersey has become the 12th state to forbid employers from seeking access to employees' or job applicants' social media login credentials. It also establishes penalties for retaliation based upon an employee's or applicant's refusal to provide such information. Employers are still free, however, to avail themselves of access to the public side of anyone's social med...

September 2, 2013

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Obamacare Marketplaces Must Accept Prepaid Debit Cards

According to its Final Regulations released just before the Labor Day holiday weekend, the Department of Health and Human Services (HHS) is requiring insurance companies participating in the Obamacare Marketplaces to accept prepaid debit cards. Insurers also are being required to accept cashier's checks, money orders, paper checks and bank-account transfers, but not cash since mo...

August 31, 2013

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S.F. Giants Strike Out on Steady Stream of FLSA Fastballs

The Department of Labor (DOL) came out with a blazing arsenal of labor law fastballs against the San Francisco Giants baseball franchise and came away with a winner's share of more than half a million bucks for aggrieved clubhouse employees. After a DOL investigation, the San Francisco Giants baseball team agreed to pay $544,715 in back wages and liquidated damages to 74 employee...

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EEOC Rescinds Permissible Affirmative Action Guidance

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