Articles by Girish Anand

December 4, 2011
28 view(s)

HHS Releases Final Rule on Medical Loss Ratio on Health Insurance

In a rebuff to insurance agents who pleaded that their commissions should not be included in the administrative expense ratio of health insurance policies, the Department of Health and Human Services (HHS) on Friday (Dec. 3, 2011) issued final regulations locking in stone the 80/20 ration envisioned by the Patient Protection and Affordable Care Act (PPACA). Instead of excluding them, the HHS fi...
December 1, 2011
28 view(s)

NLRB Passes Resolution to Expedite Procedures Leading to a Union Organizing Vote

By a 2-to-1 vote along party lines, the National Labor Relations Board (NLRB) yesterday passed a "Chairman's Resolution" that consolidates many of the administrative and legal wranglings that typically occur leading up to a vote on union organizing at a worksite. The six amendments in the resolution are "all aimed at reducing unnecessary litigation in election cases before th...
November 30, 2011
37 view(s)

San Francisco to Have Highest Minimum Wage in 2012

Eight states are set to raise their minimum hourly wage rates on Jan. 1, 2012, with Washington topping the list at $9.04 an hour, but San Francisco is the lone governmental entity with a minimum wage above the 10-dollar range. Though other cities enforce "living wages" for businesses that do contracted work for them, San Francisco enforces a general minimum wage on all enterprises, an...
November 29, 2011
24 view(s)

Time to Update Your Employee Handbook for 2012

Human resource and employment law professionals are urging businesses to review their employee handbooks for the upcoming year in light of several changes in the field of social media policy over the past 12 months. As many of you know, the National Labor Relations Board—in addition to mandating a new Employee Rights Poster—has clarified what is considered "protected concerted ...
November 28, 2011
33 view(s)

Supreme Court to Decide Issue of Pharma Reps' Overtime Status

Federal appeals courts have ruled differently on the issue of whether pharmaceutical sales representatives are or are not exempt from the overtime pay provision of the Fair Labor Standards Act (FLSA), so today the U.S. Supreme Court agreed to consider the issue. The case in question is Christopher v. SmithKline Beecham Corp. Christopher and other such plaintiffs argue that their positions do no...
November 27, 2011
42 view(s)

OSHA Issues Guidelines for Workplace Violence Inspections

Although the Occupational Safety and Health Administration (OSHA) has issued no standard on workplace violence, it has cited certain companies for failure to prevent violence under section 5(a)(1) of the OSH Act, generally known as the general duty clause. Stepping into the breach to prevent future incidents of violence, especially homicide, OSHA has instructed its inspectors on when it is prop...
November 27, 2011
23 view(s)

OSHA Smartphone App Said to Cost $200K and Not Be Accurate

A smartphone app introduced by the Occupational Safety and Health Administration (OSHA) to measure heat safety in work environments reportedly cost $200,000 to develop and returns inaccurate readings of temperatures. Of course, this information comes courtesy of a hacker who runs a job board called gun.jo and whose name is Rich Jones. "When I first tried the application, it told me that it...
November 22, 2011
22 view(s)

EEOC and OFCCP Sign New MOU on Joint Discrimination Case Jurisdiction

The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contractor Compliance Programs (OFCCP) have signed a new memorandum of understanding (MOU) to settle jurisdictional issues that arise when overlapping discrimination claims are filed. Generally, this occurs when the discrimination charge reported to the OFCCP involves violations of Title VII of the Civil Rights Act of ...
November 21, 2011
16 view(s)

NLRB to Vote on Expedited Union Organizing Election Rules Nov. 30

The National Labor Relations Board (NLRB), which is down to three members and faces a Dec. 31 drop-dead date when there will be just two members, has scheduled a vote on Nov. 30 on expedited rules for union organizing elections. When the NLRB, due to a conflict between the White House and Congress, was reduced to two members under President George W. Bush, the Supreme Court ruled that a non-maj...
November 18, 2011
36 view(s)

Veterans Job Bill Passes Congress, Obama to Sign Soon

The VOW to Hire Heroes Act has  passed the House unanimously after the Senate earlier amended it. President Obama intends to sign it soon. Originally part of the failed American Jobs Act, the bill establishes tax credits for businesses that hire unemployed veterans and was included as an amendment to tax legislation that passed earlier this fall. The measure provides up to a $5,600 tax cre...