Articles by Girish Anand

July 30, 2018
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NY AG Leads Fight Against AHP Expansion

Twelve "blue state" attorneys general, led by New York Attorney General Barbara Underwood, are taking the Trump administration to court over its final rule allowing the creation of newly invigorated Association Health Plans (AHPs). The coalition is targeting a final rule issued by the Department of Labor (DOL), which loosens and expands the definition of employer in the Employee Retirement I...
July 28, 2018
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OSHA Proposes Reduction in Injury/Illness Reporting for Large Employers

The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking (NPRM), which it says will "better protect" personally identifiable information or data that could be re-identified with a particular individual by removing provisions of the "Improve Tracking of Workplace Injuries and Illnesses" rule. OSHA believes this proposal maintains safety and health prote...
July 26, 2018
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ADA Celebrates 28th Anniversary

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by President George H.W. Bush. Thus today marks its 28th anniversary. The ADA is one of America's most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of Americ...
July 25, 2018
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ICE Targets 5,200 Businesses for I-9 Audits

Since January, United States Citizenship and Immigration Services (USCIS) -- along with its Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) units -- has sent out notices of pending I-9 audits to some 5,200 businesses across the nation. A notice of inspection (NOI) informs business owners that ICE is going to audit their hiring records to determine whether...
July 25, 2018
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NLRB Sets New Tone on Section 7 Workplace Rights

Instructional materials and posters on the National Labor Relations Act (NLRA) and virtually every compliance issue a business could ever face are available in our online Digital Workplace Compliance Library, a vast and invaluable resource. You could be relying on it daily if you sign up for an annual compliance plan with Personnel Concepts. Watch our YouTube video for more information. The ...
July 22, 2018
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EEOC Targets Physical Tests with Disparate Impact

The Equal Employment Opportunity Commission (EEOC), which is controlled 2-1 by Democrats from the Obama era, is cracking down on companies that rely on pre-employment physical tests when these tests result in disparate impact, often involving female applicants. Recently, Hirschbach Motor Lines was ordered to pay $3.2 million to a group of female job applicants for truck driver positions who ...
July 21, 2018
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Three States Join Challenge to Constitutionality of Obamacare

With the addition of North Dakota, South Dakota and Wisconsin this week, the lawsuit against the constitutionality of the Affordable Care Act (ACA, or Obamacare) is now being waged in Texas -- where the legal action originated -- by a combined 23 states. The crux of the lawsuit, filed by the Texas attorney general, is that the 2010 health care act is no longer constitutional now that the Tax...
July 19, 2018
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DOL Defines Independent Contractor Status | WWC

Instructional materials, posters and guidebooks on the Fair Labor Standards Act (FLSA) and virtually every compliance issue a business could ever face are available in our online Digital Workplace Compliance Library, a vast and invaluable resource. You could be relying on it daily if you sign up for an annual compliance plan with Personnel Concepts. Watch our YouTube video for more information....
July 18, 2018
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Judge Rejects McDonald's Joint Employer Settlement

An administrative law judge (ALJ) has rejected a proposed settlement by McDonald's over a franchise employees' lawsuit claiming they were terminated for advocating for a $15-an-hour wage. The ALJ -- Lauren Esposito in New York -- ruled that  "the proposed informal settlements are not a reasonable resolution based on the nature and scope of the violations alleged and the settlements' limited ...
July 17, 2018
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DOL Rescinds the Persuader Rule

The Department of Labor (DOL) has rescinded the 2016 Persuader Rule, which exceeded the authority of the Labor-Management Reporting and Disclosure Act (LMRDA), according to its press release. The Persuader Rule impinged on attorney-client privilege by requiring confidential information to be part of disclosures and was strongly condemned by many stakeholders, including the American Bar Assoc...