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Documents on Labor And Employment, Health Care
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|New J-1 Regulation Requires Annual Audits, Reports to Department of State|
Fragomen Del Rey Bernsen Loewy LLP;
October 20, 2014, previously published on October 8, 2014An 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.
|No Data from Self-Insured Plans|
Mary L. Porter; Gordon Feinblatt LLC;
October 17, 2014, previously published on Fall 2014The 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...
|Why Whistleblowing Laws Are So Significant to Health Care Entities|
Galit Kierkut; Sills Cummis & Gross P.C.;
October 17, 2014, previously published on September 30, 2014The 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...
|Are You Prepared to Deal with Potential Exposure to Ebola in the Workplace?|
Bennet D. Alsher, Amy R. Turci; Ford & Harrison LLP;
October 17, 2014, previously published on October 14, 2014Executive 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...
|The Employer’s Reference Guide to Information About Ebola|
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
October 17, 2014, previously published on October 13, 2014Concerns 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...
|Are 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.;
October 10, 2014, previously published on October 6, 2014Traditionally, 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...
|Ebola: Emerging Concerns for Healthcare Facilities and Employers|
Michael O. Eckard, Jean Kim; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
October 9, 2014, previously published on October 3, 2014Recent 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...
|The 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.;
October 8, 2014, previously published on September 19, 2014On 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...
|ACA Update: The Look-Back Measurement Method for Large Employers|
Janis L. Adams, Kate E. Flewelling; Smith Haughey Rice & Roegge, P.C.;
October 7, 2014, previously published on September 26, 2014Determining 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...
|The 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.;
October 6, 2014, previously published on September 29, 2014For 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...