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HTMLOSHA Makes Significant Revisions to Injury and Illness Reporting Requirements
Tressi L. Cordaro, Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
September 19, 2014, previously published on September 16, 2014
The Occupational Safety and Health Administration (OSHA) released its final rule for Occupational Injury and Illness Recording and Reporting Requirements, revising the requirements for reporting work-related hospitalizations and requiring the reporting of all amputations and eye losses. Assistant...


HTMLThe Creeping Union Part I: Could a “Micro-Union” Happen to You?
Gael Y. Hagan, Anne B. Sekel; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 12, 2014
Is it ever too early for a startup business to consider the potential impact of unionized labor on future operations? According to a line of cases stemming from a groundbreaking 2011 National Labor Relations Board (NLRB) decision, the answer is “no.” In fact, as explained below, the...


HTMLIs Your Community Association Sick Leave Policy in Compliance with District of Columbia Law?
Tiffany M. Releford; Whiteford, Taylor & Preston L.L.P.;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
In November 2008, the District of Columbia enacted the Accrued Sick and Safe Leave Act of 2008 (“ASSLA”) which requires employers to provide paid sick leave to employees, as well as safe leave for absences related to domestic violence or sexual abuse. Effective March 2014, ASSLA was...


HTMLMaryland Court of Appeals Finds That Maryland’s Wage Payment and Collection Law Applies to Claims for Overtime Wages
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 27, 2014, previously published on August 2014
In Peters v. Early Healthcare Giver, Inc., the Maryland Court of Appeals held that Maryland’s Wage Payment and Collection Law (“WPCL”) covered claims for overtime wages, despite any federal authority to the contrary. Writing for the Court, Judge Sally D. Adkins held that there was...


HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 19: Changes in Employment Status under the Look-Back Measurement Method
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
An earlier post explained the two principle methods—the “monthly measurement method” and the “look-back measurement method”—available to applicable large employers to identify full-time employees for purposes of determining exposure for “assessable...


HTMLOne Step Closer to the Supreme Court: The Fate of Obamacare Premium Tax Credits in the Face of the Circuit Split
Anna L. Sweigart; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
August 22, 2014, previously published on August 13, 2014
Last month, two federal courts of appeals issued opposing decisions on whether the Patient Protection and Affordable Care Act (the “ACA”) permitted subsidies, in the form of premium tax credits, to health coverage bought through insurance Exchanges operated by the federal government. As...


HTMLFederal Contractors See Hike in SCA Health & Welfare Rates
Kevin B. McCoy; Ford & Harrison LLP;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
Executive Summary: On July 22, 2014, the U.S. Department of Labor (DOL) issued its annual memorandum announcing that, pursuant to 29 C.F.R. Section 4.52, the prevailing hourly health and welfare fringe benefit rates under the McNamara-O'Hara Service Contract Act (SCA) were increasing from $3.81...


HTMLWork A Full Eight Hours? That's Not In My Job Description!
Myra K. Creighton; Fisher & Phillips LLP;
Legal Alert/Article
August 12, 2014, previously published on August 1, 2014
According to the EEOC, healthcare employers are disproportionately represented in the ranks of those sued for violations of the Americans with Disabilities Act (ADA). Baptist Health South Florida, Inc. recently became one of those unlucky healthcare providers when the EEOC sued it for failure to...


HTMLHow The ADA Impacts Your Hiring
Elizabeth A. Olivier; Fisher & Phillips LLP;
Legal Alert/Article
August 12, 2014, previously published on August 1, 2014
Most employers understand their fundamental obligations under the Americans with Disabilities Act (ADA) to protect against disability discrimination and to provide reasonable accommodations to qualified disabled employees, enabling them to perform essential functions of their jobs. But these...


HTMLBeware The “Anticipatory Pregnancy” Claim
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
In Cadenas v. Butterfield Health Care II, Inc. (N.D. Ill. 7/15/14), a federal court asked the question of whether an employer could terminate a pregnant employee on the basis of its inability to accommodate her future pregnancy-related job restrictions. Even though the employee won this battle, the...


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