Expert Compliance Insights & Tips for Businesses

September 2, 2011

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EEOC Takes Aim at Pago Pago for Age Discrimination

The Equal Employment Opportunity Commission (EEOC) is suing American Samoa, alleging the U.S. territorial government discriminates against older workers. According to the complaint filed Tuesday (Aug. 30, 2011) in Hawaii, the director of the territory's human resources department told employees 50 and older in 2009 that they should retire so younger (read: cheaper) workers could take their ...

September 1, 2011

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Down to Three Members, NLRB Still Overturns Three Bush-Era Rulings

NLRA NLRB

With Wilma Liebman already departed, the National Labor Relations Board (NLRB) is down to three members with another departure looming at the end of the year. Nevertheless, the board has been busy overturning Bush-era decisions just days after publishing a final rule mandating the display of an NLRA Employee Rights Poster in virtually every workplace. In two of the decisions it issued on Tuesda...

August 31, 2011

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Court Criticizes the EEOC for Using a 'Sue-First, Prove-Later' Approach

A New York federal court not only recently dismissed a pregnancy discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC), but it also accused the agency of suing first and gathering the details later. “J’accuse!” is not enough in court. Evidence is required," the court opinion stated. In EEOC v. Bloomberg L.P., Judge Loretta Preska, who issued t...

August 29, 2011

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HHS Introduces Bundled Payment Incentive for Health Procedures

The Department of Health and Human Services (HHS), working with the Centers for Medicare and Medicaid Services (CMS) and its new Innovation Center, is rolling out a program called Bundled Payments, which seeks to provide one lump-sum payment to all providers and physicians involved in an "episode" of care. An episode of care for a heart bypass, for instance, might begin with all the s...

August 26, 2011

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New Hampshire Drops Its Minimum Wage Law

Overriding the Democratic governor's veto, Republicans in the state legislature have abolished the state's minimum wage, which was $7.25 an hour, the same as the federal rate. With no state wage law, New Hampshire is now subject to the federal minimum. The House Republicans at the same time defeated a 75-cent increase in the (now-defunct) state minimum wage. Republican State Representat...

August 25, 2011

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Final Rule: NLRA Posting Required Aug 30

NLRA NLRB

The National Labor Relations Board (NLRB) has released its final rule for the National Labor Relations Act (NLRA) Employee Rights posting requirement. This will be published in the Federal Register on Aug. 30, 2011. This rule requires employers subject to the NLRA to post notices of employee rights under the NLRA. Subpart A of the rule sets out definitions; prescribes the size, form, and c...

August 23, 2011

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USCIS Expands E-Verify to 16 Additional States

E-Verify I-9 USCIS

The online E-Verify Self-Check program offered by the United States Customs and Immigration Service (USCIS) has been expanded to 16 more states. Self-Check is open to individuals to verify that government databases contain the correct documentation to authorize them to work in the United States. The new states are California, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebra...

August 22, 2011

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Judge Sets Deadline for Former Wal-Mart Class-Action Plaintiffs to File Suit

Betty Dukes Wal-Mart

A U.S. District Judge in San Francisco has set Oct. 28 as the date that former Wal-Mart class-action plaintiffs must file new lawsuits, but the order applies only to those women who previously had filed a complaint with the Equal Employment Opportunity Commission (EEOC) and received permission to sue for gender discrimination. "We believe the October deadline will affect a very small numbe...

August 21, 2011

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HHS Grants Another 106 Waivers from Obamacare

Though the Department of Health and Human Services has announced it will stop granting waivers from the Patient Protection and Affordable Care Act (PPACA) at the end of this September, this past week it granted another 106 of them. This brings the total of all waivers so far to 1472. The waivers are usually for health care expenditure caps that do not align with the provisions of PPACA. The cur...

August 17, 2011

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New Haven Fire Department Again Challenged Over Promotional Practices

In Ricci v. DeStefano, the U.S. Supreme Court ruled that the 19 white and one Hispanic plaintiffs had been wrongly denied promotions when the New Haven, Conn., Fire Department decided to reject the results of a promotional exam as being biased and then promote African-American firefighters instead. The plaintiffs have all been promoted since the SCOTUS decision, and New Haven recently settled w...

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