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Documents on Labor And Employment, Health Care
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|Second Circuit Reminds Healthcare Providers to Seek Relief from Insurance Companies Under Their Own Contracts, Not the Insureds’ Contracts|
Emily A. Hayes; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 26, 2015, previously published on November 24, 2015In Rojas v. Cigna Health and Life Ins. Co., 793 F.3d 253, 258 (2d Cir. 2015), the Second Circuit joined several other circuits in holding that “healthcare providers are not ‘beneficiaries’ of an ERISA welfare plan by virtue of their in-network status or their entitlement to...
|Obesity: A Weighty Employment Issue|
Madeline S. Baio, Caroline J. Berdzik; Goldberg Segalla LLP;
November 18, 2015, previously published on November 17, 2015Despite the prevalence of obesity in this country, surprisingly there is no federal law that prohibits employment discrimination based on a person’s weight and only one state, Michigan, specifically makes weight discrimination illegal. Still, employers in every state should consider taking...
|Most Workers Are Employees, Not Independent Contractors|
Charles R. Bacharach; Gordon Feinblatt LLC;
November 17, 2015, previously published on Fall 2015In July, the Wage and Hour Division of the U.S. Department of Labor (DOL) declared war on what it calls "the misclassification of employees as independent contractors" by publishing an Administrator's Interpretation (AI) setting forth the DOL's position on the subject.
|Proposed Changes to Overtime Rules|
Charles R. Bacharach; Gordon Feinblatt LLC;
November 17, 2015, previously published on Fall 2015President Obama has announced that he wants changes to the regulations that define which employees are exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA).
|DOL Issues New Model FMLA Forms|
Emily E. Mahler; Margolis Edelstein;
November 13, 2015, previously published on July 2015The U.S. Department of Labor (DOL) recently issued updated model Family and Medical Leave Act (FMLA) forms and notices, as the prior forms expired in February 2015. Under the Paperwork Reduction Act of 1995, the DOL is required to submit FMLA forms every three years to the Office of Management and...
|New State Law Clarifies That Healthcare Employees May Waive Second Meal Period On Shifts Lasting Longer Than Twelve Hours|
Katherine A. Hren, Richard S. Rosenberg, Rami A. Yomtov; Ballard Rosenberg Golper & Savitt LLP;
October 28, 2015, previously published on October 22, 2015Governor Jerry Brown signed into law Senate Bill 327 to clarify that healthcare employees may waive one of their two meal periods on shifts that exceed twelve hours.
|New York AG and U.S. DOL to Cooperate in Enforcing Federal and State Laws|
Lynelle K. Bosworth, Eileen M. Hayes, Harold N. Iselin; Greenberg Traurig, LLP;
October 22, 2015, previously published on October 14, 2015The New York State Attorney General’s Health Care Bureau (AG) and the U.S. Department of Labor Employee Benefits Security Administration (DOL) recently announced they have entered into an agreement to share information and work cooperatively to address violations of the Federal Employee...
|California Meal Period Waivers Continue for Health Care Workers under New Law|
Bradley W. Kampas; Jackson Lewis P.C.;
October 22, 2015, previously published on October 12, 2015Responding to a California Court of Appeal decision disallowing a wage order provision permitting a waiver of certain meal periods for employees in the health care industry as conflicting with state statute, California has enacted legislation confirming that health care employee meal period waiver...
|The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 13 of 24): Coding Form 1095-C, Part II for Short- and Long-Term Disability Benefits|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 22, 2015, previously published on October 13, 2015Compliance with the Affordable Care Act’s (ACA) employer shared responsibility rules requires that applicable large employers identify their full-time employees. A “full-time employee” for this purpose is an employee who works on average 30 hours per week or 130 hours per month....
|Employers’ Bundle of Joy: The Rhode Island General Assembly Passes Mandatory Reasonable Accommodation Law for Pregnant and Nursing Women|
Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 24, 2015, previously published on September 24, 2015On June 25, 2015, the Rhode Island General Assembly passed and Governor Gina M. Raimondo signed legislation making it an unlawful employment practice under the state’s Fair Employment Practices Act for an employer to refuse to reasonably accommodate an employee’s or prospective...