Articles by Girish Anand
Articles by Girish Anand
November 17, 2011
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The Equal Employment Opportunity Commission (EEOC) reports that it recovered a record $365 million for victims of workplace discrimination in fiscal 2011 through administrative enforcement.
In FY 2011, the EEOC claims it produced historic levels in its year-end results. Most notably, the pending inventory of private sector charges was reduced by more than 8,000 charges over the FY 2010 level, b...
November 16, 2011
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EBSA Launches Benefits Help Web Page
The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has created a new consumer assistance Web page that provides easy access to useful information and allows users to submit questions and complaints about health and retirement plans electronically.
"Helping retirement and health plan participants find answers to questions about their benefits and providing a...
November 14, 2011
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SCOTUS to Review PPACA Constitutionality, But There Is a Loophole
The U.S. Supreme Court today announced it would take up the issue of the constitutionality of the 2010 Patient Protection and Affordable Care Act (PPACA), the federal health care reform legislation, with oral hearings in March and a potential ruling in June, just ahead of nationwide elections in the fall.
Two constitutional issues loom large: One is the individual mandate that all persons must ...
November 11, 2011
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EEOC to Hold Public Meeting to Determine Final Rule on Age Discrimination Definitions
The Equal Employment Opportunity Commission (EEOC) will hold a public meeting on Nov. 16, at which it will draft a final rule on determining what constitutes a "reasonable factor other than age" in age discrimination legal actions.
The determination is to clarify matters from a 2005 Supreme Court decision, Meachem v. Knolls Atomic Power Laboratory, which held that employers must show ...
November 10, 2011
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OCR to Begin HIPAA Privacy and Security Audits
The Office for Civil Rights (OCR) this month is commencing its first round of audits focusing on covered entities' HIPAA security and privacy rule compliance. A pilot audit program running through April 2012 will check compliance at 20 firms to form the basis for auditing procedures in the future.
Eventually, 150 covered entities will be subjected to audits.
“Audits present a new oppo...
November 10, 2011
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Supreme Court Today Weighing Whether to Tackle Health Care Reform
The U.S. Supreme Court, in secret session today, is debating whether to take up the issue of the constitutionality of the Obama administration's health care reform legislation, now dubbed the Affordable Care Act (ACA).
At issue is whether the law's individual mandate that all Americans must purchase insurance if it's not otherwise provided for them by their families, employers or ot...
November 8, 2011
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Sears Settles Over Triple Dose of Discrimination Against Employee
Sears, Roebuck & Co., one of the nation’s largest retailers, will pay $100,000 and furnish other relief to settle a race, sex and age discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency has announced. The EEOC charged that Sears had subjected an African-American female employee over the age of 40 to race...
November 7, 2011
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ICE Issues New I-9 Audit Notifications and Adds New IMAGE Partners
Immigration and Customs Enforcement (ICE) has issued a new wave of notifications to companies whose I-9 records it intends to audit. The Form I-9 is used to record the eligibility of a company's employees to work in the United States legally.
So far, in fiscal 2011 ICE has conducted 2,496 I-9 audits, up from 503 in 2008. It has also initiated 3,291 work site enforcement cases, arrested 221 ...
November 4, 2011
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DOL Extends Commentary Period on New Child Labor Regulations
The public commentary period on new child labor regulations for youths working on and around farms proposed by the Department of Labor (DOL) in early September has been extended a full month to Dec. 1, 2011.
The extension was granted by the Obama administration after U.S. Sens. Jerry Moran and Pat Roberts of Kansas and Ben Nelson of Nebraska, along with others, asked the administration to exten...
November 3, 2011
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USCIS Redesigns Form I-766, An 'A-List' Document for I-9 Purposes
The United States Citizenship and Immigration Services (USCIS) on Oct. 25 began issuing redesigned forms I-766, the Employment Authorization Document (EAD) that establishes both identity and authorization to work in the United States for purposes of I-9 registration.
The EAD is thus an "A List" document that completes the I-9 verification-to-work process in and of itself, much as a U....