Articles by Girish Anand

July 26, 2011
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EEOC Advises Employers to Separate PHI from Occupational Health Information

ADA EEOC GINA
In a recent informal discussion letter, the Equal Employment Opportunity Commission (EEOC) suggested that employers who maintain both personal health information (PHI) and occupational health information in a single employee file are probably violating the privacy provisions of both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Both acts sev...
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July 26, 2011
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ADA Marks 21 Years of Disability Inclusion

ADA ADAAA
On Tuesday, July 26, 2011, the Americans with Disabilities Act (ADA) celebrates its 21st anniversary, having been signed into law on this same day in 1990 by President George H.W. Bush. Ironically, after erosion of some categories of protection in the landmark legislation, President George W. Bush, the former president's son, signed into law the ADA Amendments Act (ADAAA) in 2008, giving th...
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July 20, 2011
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HHS Proposes Expansion of Individuals' Right to 'Access Reports' on Their Medical Data

access reports HHS HIPAA HITECH PHI
The Department of Health and Human Services (HHS) is currently receiving public commentary on a proposed rule to expand the right of individuals to demand and receive "access reports" identifying who accessed their protected health information and why. Under the Health Insurance Accountability and Portability Act (HIPAA) of 1996, individuals currently have a right to obtain such infor...
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July 15, 2011
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EBSA Extends Compliance Dates for Retirement Plan Fee Disclosure Rules

EBSA
The Employee Benefits Security Administration (EBSA) has extended compliance dates for two rules relating to retirement plan fee disclosures. First, the EBSA final rule extends the applicability date of the fiduciary-level fee disclosure rule of July 16, 2010, to April 1, 2012. This rule enhances the information that service providers must provide plan fiduciaries. Second, the rule modifies the...
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July 12, 2011
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DOL Reports Busy Agenda for the Remainder of 2011

EBSA OSHA
In its semi-annual report to Congress on its upcoming agenda, the Department of Labor (DOL) revealed that the Occupational Safety (OSHA) and Health Administration and the Employee Benefits Security Administration (EBSA) will be finishing up some far-reaching rule-making decisions. OSHA is busy revising its Injury and Illness Prevention Program (I2P2), a program that will affect virtually every ...
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July 7, 2011
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HHS to Audit 150 Firms for HIPAA Privacy and Security Standards Under ARRA

HHS HIPAA OCR
The Department of Health and Human Services (HHS), through its Office of Civil Rights (OCR), has awarded a $9-million contract to KPMG to help audit 150 covered entities and business associates for adherence to HIPAA security and privacy standards. According to language in the contract, "Site visits conducted as part of every audit would include interviews with leadership (e.g., CIO, Priva...
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July 6, 2011
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Huge Verizon Settlement Shows Danger of Inflexible Leave-Absense Policies

ADA EEOC
In June the Equal Employment Opportunity Commission (EEOC) held hearings on leave as a reasonable accommodation for employees with disabilities, warning that inflexible company policies would incur EEOC legal wrath, and today that warning turned into reality as Verizon was forced to accept a $20-million settlement of a lawsuit over its hard-core absence policy. The consent decree settling the s...
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July 4, 2011
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OSHA Switch from SIC to NAICS Adds, Subtracts from Reporting List

In filing a notice in the Federal Register to switch from using the Standard Industrial Classification (SIC) system to the North American Industry Classification System (NAICS), the Occupational Safety and Health Administration (OSHA) is thus freeing many businesses from injury and illness reporting while adding even more businesses to the required list. OSHA uses Days Away, Restrictions and Tr...
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July 1, 2011
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Long Arm of California Employment Law Reaches Other States

California overtime law
In a case involving California's overtime law, under which employees start earning time-and-a-half after working eight hours on any day, the state's Supreme Court has ruled that California businesses that bring in workers from other states must treat them as California residents for employment purposes. In other words, they must pay these out-of-state employees overtime after eight hour...
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June 30, 2011
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DOL Conducting East Coast Farm Sweep for Labor Violations

Beginning in Homestead, Fla., in March, the Department of Labor's Wage and Hour Division (WHD) has been conducting an agricultural labor law compliance sweep up the East Coast of America, already recovering $670,770 in back wages and assessing $128,850 in fines. The sweep so far has netted 20 farms, packing houses and other agricultural operations. Many of the violations have been for payin...
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