Articles by Girish Anand

July 12, 2013
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4th Circuit Upholds PPACA Employer Mandate

Though the Shared Employment Responsibility provision (aka: employer mandate) of the Patient Protection and Affordable Care Act (PPACA) has been put on ice for an additional year, a three-judge panel of the 4th Circuit Court of Appeals yesterday upheld the provision as constitutional. Often dubbed "play or pay," the Employer Shared Responsibility provision forces employers ...
July 10, 2013
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British Company Tabbed to Help Run Health Insurance Marketplaces

Even though officials announced this week that there would be scant verification of incomes and employment status for those individuals applying for health insurance through the new Affordable Care Act (ACA) Marketplaces, a British firm has been awarded a contract that could reach $1.2 billion over five years to process applications, according to the New York Times. The firm, Serco, alrea...
July 9, 2013
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Mortgage Loan Officers: Are They or Aren't They?

In 2010 the Department of Labor (DOL), in an administrative interpretation, declared that mortgage loan officers do not fall under the administrative exemption to the Fair Labor Standards Act (FLSA) and are thus owed overtime pay for all work beyond 40 hours in a workweek (some states have stricter rules). Now a three-judge panel of the U.S. Court of Appeals for the District of Columbia -...
July 8, 2013
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Marketplaces Won't Verify Income Qualifications in 2014

The Department of Health and Human Services (HHS) on Friday, July 5, quietly published new regulations on income and employment verification for subsidized health care from the Health Insurance Marketplaces set to launch Oct. 1 in 16 states, along with a federal option for the other states. This follows the July 2 announcement that the Affordable Care Act (ACA) employer mandate of "p...
July 8, 2013
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Terminated Employee Wins Whistleblower Case Against the DOL

A former Department of Labor (DOL) employee has received an $820,000 wrongful termination settlement from the federal agency after the Court of Appeals for the Federal Circuit reversed a finding by the Merit Systems Protection Board (MSPB) that his termination was not due to retaliation for his whistleblower activities. The claimant, Robert Whitmore, had worked for the DOL since 1972. In ...
July 3, 2013
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Health Insurance Marketplaces Still Set for Oct. 1 Start Date

Yesterday, an obscure official in the Treasury Department announced a one-year delay in the Shared Employer Responsibility provision of the Affordable Care Act (ACA), which set forth a penalty schedule for businesses with 50 or more employees that did not offer health insurance beginning Jan. 1, 2014 (now 2015). Shortly thereafter, Valerie Jarrett, White House senior advisor, announced so...
July 3, 2013
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USCIS Publishes Updated E-Verify User Manual

For users of the online employment eligibility tool offered by the U.S. Citizenship and Immigration Services (USCIS) called E-Verify, the agency has released a new User Manual for Employers. Some states mandate the use of E-Verify to qualify new hires to work in the United States, and federal contractors and subcontractors often must use the online database system as well (which is free)....
July 2, 2013
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Obama Administration Delays Employer Health Care Mandate Until 2015

Under pressure from business groups and fearing losses in the 2014 Congressional elections, the Obama Administration today delayed the upcoming implemention of the Affordable Care Act (ACA) mandate that businesses with 50 or more employees provide health care or pay a fine, the Associated Press and other sources are reporting. The mandate, dubbed Employer Shared Responsibility, set a fine...
July 2, 2013
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OSHA, U.S. Postal Service Deliver Agreement

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), the U.S. Postal Service (USPS) and the American Postal Workers Union have agreed to terms of a settlement that will improve safety in postal facilities across the country. The settlement follows negotiations stemming from inspections at 42 Postal Service sites in 2009 and 2010 that found violations of OSH...
June 30, 2013
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North Carolina Cuts Unemployment Benefits Today, Loses Federal Supplement

A North Carolina law going into effect today cuts statewide unemployment benefits for new applicants immediately and thus jettisons the federal supplement that continues those benefits once the state portion expires. The federal Emergency Unemployment Compensation (EUC) program is lost once a state cuts its benefits, but North Carolina chose to go that route -- and to raise unemployment t...