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News, trends and analysis in employment law, HR, safety & workers' comp

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Jul 23 2010
Employee Benefits

New guidance on enhanced claims and appeals procedures

Yet another piece of new guidance on the provisions of the federal health care reform law, the Patient Protection and Affordable Care Act, has been jointly issued by the Departments of Health and Human Services (HHS), Labor (DOL) and the Treasury (75 Fed Reg 43330, July 23 2010). This guidance explains the enhanced claims review…

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Jul 23 2010
Labor Relations

NLRB will reconsider cases decided by two-member panel

Now that it’s back up to full strength with five members, the National Labor Relations Board (NLRB) is cleaning up the legal mess that resulted when the Supreme Court threw out 27 months of decisions by a two-member panel. For the 96 cases that were on appeal at the time of the Supreme Court’s decision,…

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Jul 21 2010
Affirmative Action

OFCCP to check for NLRA rights poster

announced it will investigate complaints that covered federal contractors haven’t notified employees of their rights under the National Labor Relations Act (NLRA), as required by NLRA rights poster is up and whether subcontractors have been notified of their obligations. Tips: Before you leap into immediate compliance, first determine whether you are covered by the Executive…

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Jul 19 2010
Employee Benefits

Preventive care services guidance issued

Under federal health care reform laws passed earlier this year, non-grandfathered health plans must provide coverage for specified preventive care services with no cost sharing when delivered by a network provider. The Departments of Health and Human Services (HHS), Labor and the Treasury recently issued guidance on which preventive services are subject to this mandate…

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Jul 19 2010
Uncategorized

New reporting requirements for federal contractors

Employers with covered federal contracts must report information on first-tier subcontracts and executive compensation, to be posted on a free, public website, under an interim regulation that applies to federal solicitations issued on or after July 8, 2010. The new rule stems from the Government Funding Transparency Act of 2008 (The duty to report newly…

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Jul 16 2010
Uncategorized

FMLA: Second opinion needed to question leave due to psychological condition

Tips:The court in this case noted that if the employees condition was something physical and observable to a lay person it might be possible to reject the employees certification without the need to obtain a formal second opinion. For example, if the employee had a broken leg, a lay person would be qualified…

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Jul 14 2010
Uncategorized

SAFETY: Dog days of summer bring threat of heat illness

As summer approaches, employees who work outdoors in direct sunlight or in hot environments are increasingly susceptible to heat-induced illnesses such as heat stress, heat exhaustion or the more serious heat stroke. Symptoms of heat exhaustion or heat stroke include confusion, irrational behavior, loss of consciousness, abnormally high body temperature and hot, dry skin. California…

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Jul 13 2010
Wage and Hour

Changing into PPE may be compensable and changing clothes may start the workday

First, the agency decided that the special exception doesn’t extend to personal protective equipment (PPE) “that is required by law, by the employer, or due to the nature of the job.” Translation: even if a collective bargaining agreement says you don’t have to pay for changing clothes, you may have to pay for the time…

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Jul 09 2010
Employee Benefits

Grandfathering: what does it really mean to you?

By now you’ve probably heard a lot about federal health care reform’s “grandfathering” provision and what you can and cannot do and have your plan remain grandfathered. (See previous blog posts for more information on grandfathering.) But if you’re like many employers, you’re still wondering, “what does grandfathered status really mean for me and my…

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Jul 09 2010
WashingtonWorkers’ Comp

WASHINGTON: Initiative 1082 makes it on the November ballot

Vigilant and other supporters of Initiative 1082, a measure to allow private insurers to compete with the Department of Labor & Industries (L&I) in the workers’ comp market, have successfully gathered 340,000 signatures, making it highly likely I-1082 will appear on the ballot in November for voter approval.  Currently, L&I is the sole provider of…

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Jul 09 2010
Employee Benefits

HHS launches HealthCare.gov

The U.S. Department of Health and Human Services (HHS) recently launched a new website, designed to connect consumers with new information and resources to enable them to access quality, affordable health care coverage. website features a central database of health coverage options, including information about public programs, from Medicare to the new Pre-Existing Conditions Insurance…

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Jul 08 2010
Labor Relations

Senate confirmations bring NLRB back to five-member strength

NLRB Press Release, June 22, 2010). The Board is composed of five members, split 2-3 between Republicans and Democrats depending on which administration is in the White House. Currently the split is in favor of the Democrats, which means employers can expect predominantly pro-labor rulings from the Board. The Supreme Court ruled last month that…

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