Expert Compliance Insights & Tips for Businesses

October 29, 2009

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PC's Labor Law Posters Updated for New EEOC Poster

The Equal Employment Opportunity Commission (EEOC) recently released a new version of its "Equal Employment Opportunity Is the Law" poster that incorporates new regulations for the ADA Amendments Act (ADAAA) and the Genetic Information Nondiscrimination Act (GINA), along with new contact information. With GINA taking effect for employers on Nov. 21, 2009, it is imperative to...

October 27, 2009

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Obama Declares National Emergency as CBS Questions the CDC

H1N1 virus national emergency swine flu

Vaccinations for the H1N1 virus are in full swing across the country with health officials specifically warning those 24 and younger, along with pregnant women, to get vaccinated as soon as possible. Over the weekend, President Obama declared a national emergency that will allow hospitals to obtain waivers and do things like pack more hospital beds into smaller spaces and establish off-site fac...

October 26, 2009

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New HIPAA Breach Rule Breached by CalOptima

ARRA breach rule HIPAA HITECH

Provisions in the Health Information Technology for Economic and Clinical Health (HITECH) Act, which was part of the stimulus package passed in February, created new security and breach rules for those covered by HIPAA (the Health Insurance Portability and Accountability Act of 1996), but afforded everyone a six-month window to achieve full compliance that runs into 2010. Nonetheless,...

October 23, 2009

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Ninth Circuit Court Signs Off on 12-Hour Shift Scheme

FLSA overtime

In 1993, the nurses at Pomona Valley Hospital Medical Center in California voluntarily created and voted for a plan to work 12-hour instead of 8-hour shifts while retaining their hourly rate without being paid overtime. Under the plan, the nurses went from $22.83 an hour for 8 hours to $19.57 for 12 hours. However, for the 12-hour shifts, they would be paid time-and-a-half for hours nine throug...

October 22, 2009

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Feds Condemn Nevada OSHA Program as Incompetent

Fed/OSHA Nevada OSHA

In light of 25 recent construction- and workplace-related deaths in the state and on the Las Vegas Strip, Federal OSHA officials have conducted an investigation into the Nevada OSHA program and concluded that it is both ineffective and incompetent. Complete report available here. The Feds specifically gigged the agency for not issuing more willful violations, noting that its only willful violat...

October 21, 2009

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Employment Lawsuits Expected to Rise in 2010

employment lawsuits

A survey of 251 U.S. corporate law offices by the international law firm of Fulbright & Jaworski reveals the likelihood that employment lawsuits will rise still more in 2010. Actually, most respondents said that the level of lawsuits will at least remain the same while 34 percent foresaw a spike. Of the types of suits currently affecting employers, the wage-and-hour violation is the mo...

October 16, 2009

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Wellness Programs Can Result in Workers' Comp Awards

wellness programs workers' compensation

A case in New York in which an employee suffered a spinal injury while exercising as part of his company's sponsored wellness program shows that good intentions can sometimes be costly. Logic Technology Inc. performed on-site work for General Electric, where one of its workers suffered the injury at a GE fitness center. The worker filed for workers' compensation from Logic Technology, and an ad...

October 15, 2009

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Houston Firm Levied $20 Million Fine for Employing Illegals, Crackdown Continues

I-9 ICE illegal immigrants immigration

Declaring it is out "to target the root cause of illegal immigration," the Department of Homeland Security (DHS) and its Immigration and Customs Enforcement (ICE) unit are scurrying about to inspect companies' 1-9 employment verification records to make sure no illegal immigrants are on the payroll. ICE hit the jackpot recently when it inspected Houston's IFCO Systems,...

October 14, 2009

43 view(s)

DOL Officially Ends Union Reporting Requirement

The Obama administration's Department of Labor (DOL) announced back in January that it was ending the requirement for unions to submit form LM-2 for financial disclosure purposes, and yesterday (Oct. 13, 2009) it made it official. The DOL's Office of Labor-Management Standards yesterday published in the Federal Register a recission of the Bush-era rule that had implemented usage of the LM-...

October 12, 2009

48 view(s)

EEOC to Hold Town Hall Meetings on Proposed ADAAA Regs

ADA ADAAA EEOC

The EEOC and DOJ's Civil Rights Division will hold four town hall meetings throughout the nation to share information and gather comments about proposed regulations in the recently enacted Americans with Disabilities Amendments Act. Each town hall meeting will consist of two sessions, one for disability advocates and one for the employer community, offering opportunities for both the business a...

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EEOC Rescinds Permissible Affirmative Action Guidance

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