Articles by Girish Anand

February 2, 2013
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EEOC Recovers $365M in Workplace Discrimination Cases in FY 2012

The Equal Employment Opportunity Commission (EEOC) has announced that it received 99,412 private sector workplace discrimination charges during fiscal year 2012, down slightly from the previous year. The year-end data also show that retaliation (37,836), race (33,512) and sex discrimination (30,356), which includes allegations of sexual harassment and pregnancy were, respectively, the most freq...
February 1, 2013
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City of San Jose Raises Minimum Wage to $10 an Hour

San Jose, Calif., is poised to join the ranks of high-minimum-wages cities like San Francisco and Santa Fe with a new rate of $10 per hour set to take effect. The Minimum Wage Ordinance was passed by City of San José voters on Nov. 6, 2012. It requires employers to pay their employees a minimum wage of $10 per hour for work performed within the City of San José and requires t...
January 28, 2013
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HHS Delays Employer Requirement to Provide Health Insurance Exchange Notices

Originally set as March 1 this year, the deadline for all employers to inform their workforces about how the new health insurance exchanges will operate has been delayed, with no new date offered. The Health and Human Services (HHS) Department fact sheet explaining the delay indicates it would be "will coordinate[d] with the open enrollment period for Exchanges" sometime thi...
January 25, 2013
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Appeals Court Invalidates Obama's Three 'Recess' NLRB Appointments

Three appointments to the National Labor Relations Board (NLRB) by President Obama using his "recess appointment" authority are unconstitutional, the U.S. Court of Appeals for the District of Columbia ruled today. The three-justice panel ruled that the Senate is in recess only between one Congressional session and the next, which was not the case when Obama made his appointments on Ja...
January 25, 2013
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DOL Issues Guidance on FMLA Leave for Adult Children

The Department of Labor (DOL) this month released a new fact sheet on Family and Medical Leave Act (FMLA) leave to care for an adult child, stepchild, adopted child, legal ward or someone for whom the employee stands in loco parentis. In a nutshell, here is the answer: In general, an employee may not take FMLA leave to care for a son or daughter who is 18 years of age or older. However, an em...
January 24, 2013
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OSHA Log 300 Injury and Illness Report Must Be Posted by Feb. 1

The OSHA Log 300 "Summary of Work-Related Injuries and Illnesses" must be posted by all businesses by Feb. 1, 2013, and kept up until April 30, 2013. The posting must be certified by the owner or highest-ranking official at the site, and each year's Log 300 must be retained on file for five years following the end of the calendar year it covers. Struggling with OSHA compliance in ...
January 23, 2013
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EEOC Seeks Public Commentary on Its Strategic Plan

The Equal Employment Opportunity Commission (EEOC) has announced that it is seeking public comments regarding its priorities in its federal sector program as part of the agency's recently approved Strategic Enforcement Plan (SEP) for Fiscal Years 2013-2016. The SEP mandated that the agency "determine how enforcement priorities for the federal sector will be reflected in the federal sec...
January 21, 2013
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Health Insurance Exchanges Relabeled as 'Marketplaces'

In the past week, the Department of Health and Human Services (HHS) has begun referring to the health insurance exchanges mandated by the Patient Protection and Affordable Care Act (PPACA) as "marketplaces." Fans of PPACA say the renaming was done to ease the public's understanding of what the exchanges are for (to buy health insurance), while foes, including many Republican gover...
January 17, 2013
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HIPAA/HITECH Final Rule Published

The U.S. Department of Health and Human Services (HHS) moved forward today to strengthen the privacy and security protections for health information established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  The final omnibus rule, published today in the Federal Register, greatly enhances a patient’s privacy protections, provides individuals new right...
January 17, 2013
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HHS Secretary Proposes Rule to Ease Access to Health Insurance

Health and Human Services (HHS) Secretary Kathleen Sebelius has released a proposed rule that promotes consistent policies and processes for eligibility notices and appeals in Medicaid, the Children's Health Insurance Program (CHIP), and Exchanges and gives states more flexibility when operating their Medicaid programs.  “Before the health care law was passed, millions of America...