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HTMLNew J-1 Regulation Requires Annual Audits, Reports to Department of State
Fragomen Del Rey Bernsen Loewy LLP;
Legal Alert/Article
October 20, 2014, previously published on October 8, 2014
An interim final rule from the Department of State (DOS) advances new requirements for J-1 program sponsors: to undergo annual management reviews of their internal controls and to file yearly reports with DOS.


HTMLNo Data from Self-Insured Plans
Mary L. Porter; Gordon Feinblatt LLC;
Legal Alert/Article
October 17, 2014, previously published on Fall 2014
The U.S. Court of Appeals for the Second Circuit recently held in Liberty Mutual v. Donegan that the federal Employee Retirement Income Security Act (ERISA) prohibits states from requiring self-insured health plans and their third party administrators to provide participant eligibility and claims...


Adobe PDFWhy Whistleblowing Laws Are So Significant to Health Care Entities
Galit Kierkut; Sills Cummis & Gross P.C.;
Legal Alert/Article
October 17, 2014, previously published on September 30, 2014
The New Jersey Supreme Court has recently rejected a whistleblower’s attempt to rely on, among other sources, the American Nursing Code of Ethics (the “Nursing Code”) to establish his claim under the Conscientious Employee Protection Act (“CEPA”). The Court’s...


HTMLAre You Prepared to Deal with Potential Exposure to Ebola in the Workplace?
Bennet D. Alsher, Amy R. Turci; Ford & Harrison LLP;
Legal Alert/Article
October 17, 2014, previously published on October 14, 2014
Executive Summary: With the diagnosis of the second Ebola case in the United States on October 12, 2014 - one in which a healthcare worker contracted the lethal disease while performing her job duties - U.S. employers are examining what necessary precautions should be taken to control and prevent...


HTMLThe Employer’s Reference Guide to Information About Ebola
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
Concerns related to the Ebola outbreak are increasing among both employers and employees in the United States. The outbreak is currently most active in the West African nations of Guinea, Liberia, Nigeria, and Sierra Leone. However, there has been at least one confirmed death from the disease in...


HTMLAre You Paying Home Health Workers Federal Minimum Wage and Overtime? If Not, It’s Time to Start
Kelly Riggs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
Traditionally, home health workers who have provided for the care, fellowship, and protection of persons who, because of their advanced age or physical or mental infirmity could not care for themselves, have been exempt from the federal minimum wage and overtime requirements. These workers are...


HTMLEbola: Emerging Concerns for Healthcare Facilities and Employers
Michael O. Eckard, Jean Kim; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 9, 2014, previously published on October 3, 2014
Recent months have been filled with news reports about the Ebola virus outbreak in West Africa. On August 8, 2014, the World Health Organization (WHO) stated that the spread of the Ebola virus in West Africa had become an “international health emergency,” and the Centers for Disease...


HTMLThe Missouri Supreme Court Rules That Parties May Have a Duty as a Joint Employer With Its Contractors Pursuant to the Missouri Minimum Wage Law
Robert F. Chandler; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
October 8, 2014, previously published on September 19, 2014
On August 19, 2014, the Missouri Supreme Court overturned a summary judgment in the case of Andro Tolentino v. Starwood Hotels & Resorts Worldwide, et al., No. SC93379, ruling that a hotel chain may be liable to a non-employee plaintiff as a “joint employer” pursuant to the Missouri...


HTMLACA Update: The Look-Back Measurement Method for Large Employers
Janis L. Adams, Kate E. Flewelling; Smith Haughey Rice & Roegge, P.C.;
Legal Alert/Article
October 7, 2014, previously published on September 26, 2014
Determining ACA employer mandate compliance is a two-step process: first, determine if you are a covered “large employer,” then, if you are, determine who you must offer insurance to in order to avoid paying any penalties. This is because large employers are not required to offer all...


HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 13: IRS Notice 2014-49 Offers Useful Guidance on Changes in Measurement Periods or Changes in Testing Methods
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 6, 2014, previously published on September 29, 2014
For purposes of complying with the Affordable Care Act’s employer shared responsibility rules (which are codified in Internal Revenue Code § 4980H), employers must identify their “full-time employees.” Final regulations issued under Code § 4980H provide two principle...


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