Articles by Girish Anand

May 24, 2010

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OSHA Opens Nevada Office, Will Augment State OSH

Following a blistering critique of the Nevada OSH program in 2009, the federal Occupational Safety and Health Administration (OSHA) is opening a Nevada branch rather than shutting down Nevada's own operation. However, one might now reasonably expect much closer review and supervision of the Nevada OSH effort; in addition, federal officials said its Nevada office will field complaints and act on...

May 21, 2010

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DOL Expands List of Jobs Off Limits to Youths

On May 20, 2010, the Department of Labor (DOL) published a Final Rule in the Federal Register expanding the list of hazardous occupations (HOs) prohibited to youths 14 to 17 years of age. The rule builds on and amends the nonagricultural occupational standards for youths covered in the landmark Fair Labor Standards Act (FLSA) of 1938. Included in new occupations prohibited for youth under 18 ar...

May 18, 2010

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GINA Claims Start Pouring into EEOC

Under terms of the Genetic Information Nondiscrimination Act (GINA), employment decisions cannot be based on a person's genetic information or family history of genetic markers in disease and disability. The law went into effect Nov. 21, 2009, and already the Equal Employment Opportunity Commission (EEOC) has received 80-plus complaint filings--and this despite the fact that GINA regulati...

May 14, 2010

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OSHA to Beef Up Whistleblower Program, Adding 25 Agents

The Occupational Safety and Health Administration (OSHA), headed by David Michaels, is flexing its muscles all around, increasing fines, adding field inspectors, and now strengthening its whistleblower program by adding 25 agents to the 87 it already has. In making the announcement, Michaels lamented the high dismissal rate of whistleblower claims (63 percent) and noted that "institutional...

May 13, 2010

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Early Retiree Reinsurance Program to Start June 1

Early Retiree Reinsurance Program PPACA

Beating the deadline of June 21, 2010, the Department of Health and Human Services (HHS) has released regulations to commence the Early Retiree Reinsurance Program on June 1 as mandated by the Patient Protection and Affordable Care Act (PPACA). The program will reimburse employers who provide health insurance for retirees between the ages of 55 and 65 (in other words, for early retirees not yet...

May 12, 2010

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HHS Releases Standards for Adult Dependent Insurance Coverage

The Department of Health and Human Services (HHS) has released rules for the health reform measure that allows parents to keep dependents on their health insurance through age 25, which takes effect Sept. 23. The rules mandate that pricing for dependents of any age be the same, though it sets no limits on the pricing. Some 65 insurers have agreed to implement the provision in June in advance of...

May 7, 2010

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Health Worker Becomes First HIPAA Inmate

HIPAA UCLA

There are some cautionary tales and lessons in the strange case of Huping Zhou, 47, who once worked for the UCLA Health System--until he was fired for poor performance--and who now finds himself facing hard time for HIPAA privacy violations. Here's where it gets strange for both UCLA and the Chinese surgeon. First, UCLA gave Zhou advance notice that he was going to be let go based on performanc...

May 6, 2010

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Reclassifying Employees Flags Compliance Risks

exempt employees FLSA non-exempt employees overtime pay

If you find yourself reclassifying your employees as non-exempt (from previously being exempt), then you could end up in deep legal doo-doo like the Michigan Bell Telephone Company. Reason? It doesn't take employees long to figure out that, if they're doing the same jobs as exempt as when they were non-exempt, then they were probably cheated out of overtime prior to the reclassification. Voila-...

May 3, 2010

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DOL Mulls New Approach to Compliance

exempt employees FLSA non-exempt employees overtime

The Department of Labor (DOL), in issuing an updated regulatory agenda this past week, announced it was considering a major change in its approach to enforcement. Instead of letting businesses play what it called a "catch me if you can" game, the DOL said it will issue regulations requiring each company to develop and implement its own compliance plan. In essence, this would require c...

April 29, 2010

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Court Delays Red Flags Rule for Accountants

FACTA Red Flags Rule

First attorneys got themselves exempted. Physicians then jumped in on sought a similar court order, and now accountants have succeeded in getting a judge to free them from the upcoming implementation of the Red Flags Rule, which requires companies to set up procedures to prevent identity theft. The Red Flags Rule is part of the Fair and Accurate Credit Transactions Act (FACTA), which Congress p...

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Girish Anand

Recent Articles

Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.

U.S. Department of Labor Officially Restores Prior Overtime Exemption Rules

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Privacy Agency Invites Comments from Businesses on the CCPA’s Usage of Personal Data

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DOL Proposes New Joint Employer Rule To Unify Standards Under Federal Labor Laws

In April 2026, the U.S. Department of Labor issued a proposed rule to establish a single, clear standard for determining when joint-employer status applies under three major federal laws: the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal...

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Articles by Girish Anand