Articles by Girish Anand

October 26, 2009

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New HIPAA Breach Rule Breached by CalOptima

Provisions in the Health Information Technology for Economic and Clinical Health (HITECH) Act, which was part of the stimulus package passed in February, created new security and breach rules for those covered by HIPAA (the Health Insurance Portability and Accountability Act of 1996), but afforded everyone a six-month window to achieve full compliance that runs into 2010. Nonetheless,...

October 23, 2009

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Ninth Circuit Court Signs Off on 12-Hour Shift Scheme

FLSA overtime

In 1993, the nurses at Pomona Valley Hospital Medical Center in California voluntarily created and voted for a plan to work 12-hour instead of 8-hour shifts while retaining their hourly rate without being paid overtime. Under the plan, the nurses went from $22.83 an hour for 8 hours to $19.57 for 12 hours. However, for the 12-hour shifts, they would be paid time-and-a-half for hours nine throug...

October 22, 2009

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Feds Condemn Nevada OSHA Program as Incompetent

Fed/OSHA Nevada OSHA

In light of 25 recent construction- and workplace-related deaths in the state and on the Las Vegas Strip, Federal OSHA officials have conducted an investigation into the Nevada OSHA program and concluded that it is both ineffective and incompetent. Complete report available here. The Feds specifically gigged the agency for not issuing more willful violations, noting that its only willful violat...

October 21, 2009

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Employment Lawsuits Expected to Rise in 2010

employment lawsuits

A survey of 251 U.S. corporate law offices by the international law firm of Fulbright & Jaworski reveals the likelihood that employment lawsuits will rise still more in 2010. Actually, most respondents said that the level of lawsuits will at least remain the same while 34 percent foresaw a spike. Of the types of suits currently affecting employers, the wage-and-hour violation is the mo...

October 16, 2009

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Wellness Programs Can Result in Workers' Comp Awards

wellness programs workers' compensation

A case in New York in which an employee suffered a spinal injury while exercising as part of his company's sponsored wellness program shows that good intentions can sometimes be costly. Logic Technology Inc. performed on-site work for General Electric, where one of its workers suffered the injury at a GE fitness center. The worker filed for workers' compensation from Logic Technology, and an ad...

October 15, 2009

55 view(s)

Houston Firm Levied $20 Million Fine for Employing Illegals, Crackdown Continues

I-9 ICE illegal immigrants immigration

Declaring it is out "to target the root cause of illegal immigration," the Department of Homeland Security (DHS) and its Immigration and Customs Enforcement (ICE) unit are scurrying about to inspect companies' 1-9 employment verification records to make sure no illegal immigrants are on the payroll. ICE hit the jackpot recently when it inspected Houston's IFCO Systems,...

October 14, 2009

40 view(s)

DOL Officially Ends Union Reporting Requirement

The Obama administration's Department of Labor (DOL) announced back in January that it was ending the requirement for unions to submit form LM-2 for financial disclosure purposes, and yesterday (Oct. 13, 2009) it made it official. The DOL's Office of Labor-Management Standards yesterday published in the Federal Register a recission of the Bush-era rule that had implemented usage of the LM-...

October 12, 2009

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EEOC to Hold Town Hall Meetings on Proposed ADAAA Regs

ADA ADAAA EEOC

The EEOC and DOJ's Civil Rights Division will hold four town hall meetings throughout the nation to share information and gather comments about proposed regulations in the recently enacted Americans with Disabilities Amendments Act. Each town hall meeting will consist of two sessions, one for disability advocates and one for the employer community, offering opportunities for both the business a...

October 12, 2009

34 view(s)

IRS to Audit 5,000 Random Employers Beginning Next Month

If you've been underpaying and/or under-reporting your company's payroll taxes, the IRS wants to know--and collect what's due. With the annual "tax gap" between what's owed and what's paid estimated at $290 billion, the Internal Revenue Service is siccing its agents on 5,000 randomly selected employers beginning in November 2009 as much for a learning lesson as a collections effort. T...

October 9, 2009

43 view(s)

House & Senate Vote to Extend E-Verify

E-Verify EFCA immigration

This week a House-Senate panel reconciling budget measures voted to extend for three years the E-Verify online employment eligibility system. At the same time, the Department of Homeland Security (DHS) formally withdrew the "no match" safe harbor rule of the Bush administration. The Bush-era "no match" rule gave employers three months to straighten out mismatched employee So...

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Girish Anand

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

EEOC Issues New National Enforcement Plan Through 2029

On June 4th, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) released a new 2025-2029 National Enforcement Plan (NEP). The NEP sets the EEOC’s specific subject-matter priorities from June through fiscal year 2029.

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

On May 14th, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced it has officially rescinded the 2024 overtime exemption rules. Specifically, the WHD published a technical amendment to restore previous 2019 regulations that dictated overtime exemptions for...

NLRB General Counsel Takes Action to Tackle Current Case Backlog

On May 6th, the National Labor Relations Board (NLRB) and NLRB General Counsel Crystal Stowe Carey announced the bulk transfer of thousands of labor practice cases. Specifically, this action fulfills an initiative signed by the NLRB General Counsel earlier this year. Overall, the initiative...

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

Recently, the California Privacy Protection Agency (CPPA) issued a call for comments on the current state of personal data collection under the California Consumer Privacy Act (CCPA). Specifically, the invitation to deliver remarks was issued on April 20th, 2026. The information provided by the...

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