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Documents on Labor And Employment, Health Care
 

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HTMLHow Will the New Overtime Regulations Affect Healthcare Employers?
Greg Guidry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 19, 2016
The long-awaited U.S. Department of Labor (DOL) regulations on the “white collar” exemptions are finally here. As per the regulations, which are to be issued on May 18, 2016, the new minimum salary level for the executive, administrative, and professional employee exemptions under the...

 

HTMLSecond Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA
Kelly M. Cardin, John G. Stretton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 2, 2016, previously published on April 14, 2016
The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary Institute of America, the court also articulated standards for FMLA interference...

 

HTMLWhat is The Status of OFCCP Jurisdiction Over Healthcare Providers?
Dara L. DeHaven, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 4, 2016
In recent years, the U.S Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has aggressively argued that healthcare providers that participate in one of three federal healthcare programs—Medicare, TRICARE, and the Federal Employee Health Benefits Program...

 

HTMLCan Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?
Jana S. Baker, Jeanne Ellen Floyd, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 14, 2016
In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This NLRB decision found that an employer may not adopt a work rule that...

 

HTMLMichigan: Federal Law May Pre-empt Health Insurance Claims Assessment Act After All
Chad Arfons, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
March 24, 2016, previously published on March 17, 2016
In June of 2011, Governor Snyder signed the Health Insurance Claims Assessment Act (Act), which imposed a one percent assessment on health-related services performed in Michigan and paid by employer sponsored health plans and other third-party carriers. The law went into effect on January 1, 2012....

 

HTMLStudent Health Plans and ACA Compliance: New Relief for Educational Institutions
Daniel T. Sulton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2016, previously published on February 25, 2016
Educational institutions face unique issues when complying with the requirements of the Affordable Care Act (ACA). One such issue relates to the administration of student health insurance plans. On February 5, 2016, three federal agencies—the U.S. Department of Labor (DOL), Department of the...

 

HTMLNew Decision As To Prevailing Party Can Be "Costly" To Employer/Carriers
Patrick W. Luna; McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.;
Legal Alert/Article
March 16, 2016, previously published on March 9, 2016
Entitlement to attorney's fees and costs in workers' compensation claims is often evaluated based on the timely provision of benefits. However, in Jennings v. Habana Health Care Center, (2015 WL 9438007), the First DCA ruled that the issue of timeliness is irrelevant in addressing entitlement to...

 

HTMLIRS Guidance on Unconditional Opt-Out Payments
Eva A. Rasmussen; Clifton Budd & DeMaria, LLP;
Legal Alert/Article
March 16, 2016, previously published on March 16, 2016
Many employers offer employees a cash incentive (an "Opt-Out Payment"), if they waive coverage under the employer’s health plan. The rationale is that the Opt-Out Payment is less expensive than the employer's cost in subsidizing the coverage. Employers that offer Opt-Out Payments...

 

HTMLCourt Denies EEOC Challenge of Wellness Plan
Scott M. Wich; Clifton Budd & DeMaria, LLP;
Legal Alert/Article
March 16, 2016
The Affordable Care Act (ACA) brought an emphasis on wellness programs and promoted the involvement of employers in improving the health of employees. At the same time, the EEOC (which has no role in the enforcement of the ACA) retains its responsibility under the Americans with Disabilities Act...

 

HTMLImplications of the Zika Virus on Employment-Related Travel
Laurent Badoux; Greenberg Traurig, LLP;
Legal Alert/Article
February 29, 2016, previously published on February 17, 2016
The Zika virus is the latest source of sleepless nights for public health officials, but it is also starting to take its emotional toll on US employers. Reports of children born with microcephaly and an uptick in reported cases of Guillain-Barré syndrome, which can cause numbness, nerve...

 


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