Articles by Girish Anand

April 17, 2012
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Appeals Court Issues Temporary Injunction Against NLRA Employee Rights Poster

A federal appeals court in Washington, D.C., today blocked the National Labor Relations Board (NLRB) from requiring American businesses to post its NLRA Employee Rights Poster by April 30, issuing a temporary injunction to stop the mandate. The injunction follows on the heels of a federal court's decision in South Carolina this past Friday that said the board lacks the authority to mandate ...
April 16, 2012
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Survey Shows Continuing Uptick in Health Information Data Breaches

According to a Kroll Advisory Solutions survey of 250 hospitals and medical centers worldwide, the incidence of breaches of personal health information (PHI) has risen to 27 percent. In other words, 27 percent of the respondents reported at least one security breach in the past 12 months. That figure is up from 19 percent in 2010 and 13 percent in 2008. Human error remains the greatest threat t...
April 14, 2012
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South Carolina District Court Blocks NLRA Employee Rights Poster Mandate

Late Friday afternoon (April 13, 2012), the U.S. District Court for the District of South Carolina blocked the National Labor Relations Board (NLRB) from mandating its NLRA (National Labor Relations Act) Employee Rights Poster that was due to be posted no later than April 30 by virtually every private employers in the United States. The ruling cited the board's lack of statutory author...
April 14, 2012
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DOL Extends Commentary Period on Proposed FMLA Leave Changes

The U.S. Department of Labor's Wage and Hour Division (WHD) has extended the commentary period for its proposed rule to implement new statutory amendments to the Family and Medical Leave Act (FMLA) that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees. On Feb. 15, the department published a notice of proposed rul...
April 13, 2012
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Pilot Program Will Consolidate Some NLRB Field Offices

National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon has announced implementation of a pilot program consolidating Regional Offices effective May 1, 2012. The pilot program will consolidate regional offices in Atlanta, Ga. (Region 10) and Winston-Salem, N.C. (Region 11). This program will also consolidate Regional Offices in St. Louis, Mo. (Region 14) and Kansas City, Kansa...
April 13, 2012
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Stuart Ishimaru to Resign from EEOC Two Months Early

With no explanation for his early resignation, Equal Employment Opportunity Commission (EEOC) member Stuart Ishimaru has announced that he will be leaving his post two months before his commission expires. Ishimaru was appointed by former President George W. Bush in 2003 and was for a time the chairman of the EEOC, a post now held by Jacqueline Berrien. Ishimaru prior to joining the commission ...
April 12, 2012
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HHS Proposes Health Plan ID Rules

The Department of Health and Human Services (HHS) plans to publish in the Federal Register on April 17 a proposed rule for implementing a requirement of the Patient Protection and Affordable Care Act (PPACA) to establish health plan IDs. The department, as a result of the rule, hopes to begin dishing out Health Plan Identifiers (HPID) on Oct. 1. HHS developed the HPID regulations to implement S...
April 11, 2012
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DC Appeals Court Rejects OSHA's Argument on When a Statute of Limitations Expires

The U.S. Court of Appeals for the District of Columbia Circuit has rejected the argument put forth by the Secretary of Labor that the six-month statute of limitations on an employers' failure to maintain injury and illness records extends each time the failure occurs. The case in point, AKM LLC, d/b/a Volks Constructors v. Secretary of Labor, involved the company's failure to maintain t...
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...