Articles by Girish Anand

February 19, 2016
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DOL Affirms July 2016 as White Collar Overtime Rule Publishing Date

Squashing rumors that it intended to rush the white collar overtime rule out by May to avoid having it overturned should a Republican become president in 2017, the Department of Labor (DOL) has affirmed that it is sticking with its announced July publication date. Speaking at an American Bar Association (ABA) meeting this week,  Solicitor of Labor M. Patricia Smith confirmed that the DOL's Fin...
February 18, 2016
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Federal Judge Dismisses College-Athletes-Are-Employees Claim

A federal judge in Indianapolis this week threw out a lawsuit by student athletes against more than 100 Division I colleges and universities, alleging they were employees under the Fair Labor Standards Act (FLSA) deserving of being paid the minimum wage. U.S. District Court Judge William T. Lawrence ruled against the athletes, writing: “The question is not whether the plaintiffs, as student at...
February 17, 2016
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HIPAA Breaches from 2015 Must Be Reported by Feb. 29

Covered entities that experienced a breach (or breaches) of protected health information (PHI) have 60 days after the end of the calendar year to submit reports to the Office for Civil Rights (OCR), making this year's deadline Monday, Feb. 29. The year-end rule applies to breaches of fewer than 500 individuals; breaches affecting 500 or more individuals must be reported within 60 days of disco...
February 16, 2016
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OSHA's National Safety Stand-Down Set for May 2-6

The Occupational Safety and Health Administration (OSHA) and other federal safety agencies announced today that they have designated May 2-6, 2016, for the third annual National Safety Stand-Down. The event is a nationwide effort to remind and educate employers and workers in the construction industry of the serious dangers of falls – the cause of the highest number of industry deaths in the co...
February 15, 2016
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DOL Launches West Coast Restaurant Sweep to Enforce Wage and Hour Laws

The Wage and Hour Division (WHD) of the Department of Labor (DOL) has launched an education and enforcement initiative on the West Coast and in surrounding areas aimed at ensuring workers at fast food establishments are being paid the proper minimum wage and overtime. Investigations completed in the last five quarters nationwide have resulted in fast food employers paying more than $6.7 millio...
February 15, 2016
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OSHA to Seek Input on Chemical Hazards for Warning and Labeling Purposes

As part of its efforts to protect workers from the hazards of chemicals, the Occupational Safety and Health Administration (OSHA) plans to issue new guidance on how to apply the Weight of Evidence approach when dealing with complex scientific studies. On February 16, OSHA will begin accepting comments on its Guidance on Data Evaluation for Weight of Evidence Determination, which is intended to ...
February 13, 2016
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Overtime Rule May Be Coming Sooner Than Expected

Despite tagging summer 2016 as the publication date for its revised white collar overtime rule, the Department of Labor (DOL) may now rush the rule into effect before May 16, which it learned is the final deadline that guarantees the next administration cannot reverse the rule. In a recent interview, DOL Secretary Thomas Perez said he was "confident we’ll get a final rule out by spring 2016.” ...
February 11, 2016
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Retaliation Tops the EEOC's Enforcement List

The Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns of the 89,385 charges of workplace discrimination that the agency received in fiscal year 2015. Retaliation charges increased by nearly 5 percent and continue to be the leading concern raised by workers across the country. Disability charges increased by 6 percent from last year and are the third largest categ...
February 10, 2016
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Obama's 2017 Budget Pushes Continued Medicaid Expansion

Though it's been labeled pretty much dead on arrival, President Obama's budget for 2017 includes a request for funds to allow new states to expand their Medicaid rolls under the Affordable Care Act (ACA) with a two-year free ride. The original ACA provision allowed states in 2014 to get full federal funding for two years if they expanded their Medicaid ranks to include those who made up to 138...
February 9, 2016
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OSHA Changes Whistleblower Investigative Standard to Reasonable Cause

In issuing its revised Whistleblower Investigations Manual, the Occupational Safety and Health Administration (OSHA) has relaxed its standard of investigation somewhat from a preponderance of evidence to reasonable cause. The manual requires that investigators evaluate all evidence from the complainant, witnesses and sources to determine if a "reasonable judge" would find that a violation may ...