Expert Compliance Insights & Tips for Businesses

April 10, 2012

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Companies With High Injury, Illness Rates Receive Letters from OSHA

Occupational Safety and Health Administration (OSHA) chief David Michaels has sent letters to some 14,900 companies with high injury and illness rates to inform them of resources available from the agency. The benchmark for receiving the letters was an incident rate of two or more injuries or illnesses per 100 workers; the national average is 1.8. To be counted, the injuries or illnesses must r...

April 9, 2012

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HEAT Partnership to Combat Medicare Fraud

At a Chicago summit highlighting a new high-tech war against health care fraud, Health and Human Services (HHS) Secretary Kathleen Sebelius and Attorney General Eric Holder this past week discussed how the Affordable Care Act and the Obama administration’s Health Care Fraud Prevention and Enforcement Action Team (HEAT) are helping fight Medicare fraud. The Chicago summit is the seve...

April 6, 2012

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OSHA Announces NEP for Nursing and Residential Care Facilities

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) this week announced a new National Emphasis Program (NEP) for Nursing and Residential Care Facilities to protect workers from serious safety and health hazards that are common in medical industries. OSHA develops national emphasis programs to focus outreach efforts and inspections on specific hazards in an i...

April 5, 2012

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IRS Issues Guidance on Automatic Enrollment in Health Insurance

The Internal Revenue Service (IRS), in conjunction with the Department of Labor (DOL) and the Department of Health and Human Services (HHS), recently released a notice (really more of an FAQ) on issues relating to the full implement of the Patient Protection and Affordable Care Act (PPACA) in 2014. The notice covers automatic enrollment in health insurance at work, waiting periods (not to excee...

April 4, 2012

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DOL Still Seeking to Fold Home Health Care Workers into FLSA

The commentary period closed on March 12 and since then there has been no official word, but the Department of Labor (DOL) is still seeking to roll home health care workers into the overtime and minimum wage protections of the Fair Labor Standards Act (FLSA). The proposal would exempt individuals and families who hired nannies and caretakers, but home health care workers placed through an emplo...

April 3, 2012

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NLRB Planning a Web Site on Non-Union Workers' Rights

The National Labor Relations Board (NLRB), whose Employee Rights Poster must be on display in almost every American business by April 30, also is planning to launch a Web site to explain to non-union workers their rights under the National Labor Relations Act (NLRA), upon which the new poster is modeled. The announcement came on the heels of a District Court decision giving the green light to t...

April 1, 2012

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EEOC Sues AT&T for Disability Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has filed suit against AT&T Corp., a leader in telecommunication services, for failing to reasonably accommodate a long-term employee’s disability and then firing her because of that disability. According to the EEOC’s suit, Lupe Cardona, who worked for AT&T Corp. as a customer service representa...

March 29, 2012

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ADEA 'Reasonable Factors Other Than Age' Rule to Be Published Tomorrow

The U.S. Equal Employment Opportunity Commission (EEOC) today issued the “Final Regulation on Disparate Impact and Reasonable Factors Other than Age” (RFOA) under the Age Discrimination in Employment Act of 1967 (ADEA). The final rule was coordinated with other federal agencies and reviewed by the Office of Management and Budget (OMB). The rule was posted for public insp...

March 28, 2012

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USCIS Invites Public Commentary on Proposed Revision of Form I-9

The U.S. Citizenship and Immigration Services (USCIS) today published a notice in the Federal Register, inviting public comment on a revised Form I-9, Employment Eligibility Verification. Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The public is invited to comment on the revisions until May 29, 2012. Key...

March 27, 2012

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SCOTUS Upholds States' Sovereign Immunity from Employees' FMLA Self-Care Lawsuits

Under the U.S. Constitution, states are sovereign entities immune from lawsuits for damages unless they either waive this right or have their sovereignty pierced by federal legislation based on the equal protection provisions of the Fourteenth Amendment. This background is important when considering the recent Supreme Decision in Coleman v. Court of Appeals of Maryland, which held that states a...

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