Search Results (1995)
Documents on Labor And Employment, Health Care
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|Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA|
Kelly M. Cardin, John G. Stretton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
May 2, 2016, previously published on April 14, 2016The 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...
|What is The Status of OFCCP Jurisdiction Over Healthcare Providers?|
Dara L. DeHaven, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 6, 2016, previously published on March 4, 2016In 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...
|Can 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.;
April 6, 2016, previously published on March 14, 2016In 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...
|Michigan: Federal Law May Pre-empt Health Insurance Claims Assessment Act After All|
Chad Arfons, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
March 24, 2016, previously published on March 17, 2016In 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....
|Student Health Plans and ACA Compliance: New Relief for Educational Institutions|
Daniel T. Sulton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
March 23, 2016, previously published on February 25, 2016Educational 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...
|IRS Guidance on Unconditional Opt-Out Payments|
Eva A. Rasmussen; Clifton Budd & DeMaria, LLP;
March 16, 2016, previously published on March 16, 2016Many 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...
|Court Denies EEOC Challenge of Wellness Plan|
Scott M. Wich; Clifton Budd & DeMaria, LLP;
March 16, 2016The 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...
|New Decision As To Prevailing Party Can Be "Costly" To Employer/Carriers|
Patrick W. Luna; McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.;
March 16, 2016, previously published on March 9, 2016Entitlement 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...
|Implications of the Zika Virus on Employment-Related Travel|
Laurent Badoux; Greenberg Traurig, LLP;
February 29, 2016, previously published on February 17, 2016The 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...
|Staffing Firms, Educational Organizations, and Breaks-in-Service under the Affordable Care Act Employer Shared Responsibility Rules: Proposed Changes under Notice 2015-87|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 24, 2016, previously published on February 12, 2016In Q&A format, recently issued Notice 2015-87 addresses a number of pressing issues that have arisen under the Affordable Care Act (ACA), including that law’s employer shared responsibility rules, information reporting requirements, and insurance market reforms, among others. Q&A 15 of the...