Articles by Girish Anand

March 5, 2012
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HHS Estimates That 105 Million More Americans Now Have Unlimited Health Benefits

The Affordable Care Act (ACA) prohibits health plans from imposing a lifetime dollar limit on most benefits received by Americans in any health plan renewing on or after Sept. 23, 2010.  While some plans already provided coverage with no limits on lifetime benefits, millions of Americans were previously in health plans that did not.   According to the Kaiser Family Foundation’s ...
March 2, 2012
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Court Takes Some Teeth Out of the Required NLRA Posting

The U.S. District Court for the District of Columbia has ruled that the newly mandated National Labor Relations Act (NLRA) Employee Rights Poster is good to go as is, but at the same time it also ruled that the National Labor Relations Board (NLRB) cannot enforce its proposed blanket penalties. The NLRB poster was announced with three components: the poster itself, a provision to make it an unf...
March 2, 2012
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OMB Approves EEOC Rule on 'Reasonable Factor Other Than Age'

The Office of Management and Budget (OMB) has approved a rule setting forth guidelines for determining what is a "reasonable factor other than age" in defense of lawsuits based on the Age Discrimination in Employment Act (ADEA). The Equal Employment Opportunity Commission (EEOC) crafted the rule to clarify "reasonable factor other than age" defenses for employers facing ADEA...
February 29, 2012
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EEOC Issues Revised Publications on Veterans with Disabilities and the ADA and USERRA

The U.S. Equal Employment Opportunity Commission (EEOC) has issued two revised publications addressing veterans with disabilities and the Americans with Disabilities Act (ADA). The revised guides reflect changes to the law stemming from the ADA Amendments Act of 2008, which make it easier for veterans with a wide range of impairments – including those that are often not well understood --...
February 28, 2012
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Supreme Court to Decide if Pharma Reps Are Subject to Overtime Pay

The U.S. Supreme Court in April will review a case known as Christopher v. GlaxoSmithKline to determine if pharmaceutical sales representatives are exempt from overtime pay because they are outside salespeople, a category defined by the Fair Labor Standards Act (FLSA) of 1938 as exempt. In Christopher v. GlaxoSmithKline, the 9th Circuit Court of Appeals upheld a district court's ruling that...
February 27, 2012
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First 20 HIPAA Security Audits Completed, Final Rules Delayed Again

The first 20 HIPAA (Health Insurance Portability and Accountability Act) security audits have been completed by auditing firm KPMG and will be used to fine-tune the remaining audits this year, announced Leon Rodriquez, director of the Office for Civil Rights (OCR) for the Department of Health and Human Services (HHS). He also announced that, given his office's budget and the capabilities of...
February 24, 2012
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New Hazard Communication Standard Due in Two Weeks

The new Hazard Communication Standard (HCS or HAZCOM) incorporating the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) passed its final hurdle this week when the Office of Management and Budget (OMB) cleared it; it is now expected to be published by the Occupational Safety and Health Administration (OSHA) within two weeks. OSHA has been working on this new standard...
February 23, 2012
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EEOC Sues and Wins Over Company Policy Requiring Doctor's Note for Absences

The Equal Employment Opportunity Commission (EEOC) has prevailed in a lawsuit over a company and its policy that required employees returning from absences to supply a doctor's note verifying the health-related reason. The EEOC argued--and the U.S. District Court for Southern California concurred--that seeking such intimate health information could be a violation of the Americans with Disab...
February 22, 2012
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EEOC Sets Strategic Agenda for 2012-2016

In a public meeting today at agency headquarters, the U.S. Equal Employment Opportunity Commission (EEOC) approved its Strategic Plan for Fiscal Years 2012-2016. The Strategic Plan establishes a framework for achieving the EEOC’s mission to stop and remedy unlawful employment discrimination, so that the nation might soon realize the Commission’s vision of justice and equality in the...
February 21, 2012
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DOL Extends Commentary Period on Home Health Care Workers' FLSA Coverage

The U.S. Department of Labor's Wage and Hour Division (WHD) has announced a 14-day extension of the comment period for its proposed rule to provide minimum wage and overtime protections for nearly 2 million workers who provide in-home care services. Currently, workers classified as "companions" are exempt from the Fair Labor Standards Act's (FLSA's) minimum wage and overti...