Legal
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A Poor Dating Policy Could Break a Company's Heart—and Wallet
With employees and companies becoming more accepting of office romances, companies should make sure they protect themselves from any potential sexual harassment or discrimination lawsuits.
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IRS Releases Final Rules on Health Care Reform Costs
The affordability test applies to employer-sponsored health plans. An employee is eligible to receive a federal subsidy to purchase insurance through an exchange if his or her employer's plan premium contribution exceeds 9.5 percent of his or her household income, according to IRS guidelines.
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Employers' Deadline to Inform Employees of Health Exchanges and Cost-Sharing Plans Extended
The March 1 deadline for businesses to notify employees of their benefits cost-sharing plans and government-run health insurance exchanges has been postponed. A new deadline is expected by fall.
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New Changes Made to HIPAA Privacy and Security Rules
Health and Human Services has issued final regulations that address recent legislative changes to the HIPAA privacy and date security rules. Compliance by employers will be required by Sept. 23, according to a press release.
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Possible Civil Rights Reform Under Obama Could Benefit Businesses
Human resources departments nationwide could be rewriting policies and drafting new procedures over the next four years if the president and his administration are able to accomplish the goals expressed in his second inaugural address.
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EEOC Accuses Security Firm of Sexual Harassment Against Male Workers
A two male employees from a North Carolina-based security firm allegedly made offensive comments to their male subordinates, solicited nude pictures from them, asked male employees to undress in front of them and solicited male employees for sex.
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Law Firm Ordered to Restore Retirement, Pension Plan Assets
Eichholz Law Firm P.C. and former Managing Partner Benjamin Eichholz breached their fiduciary responsibilities under the Employee Retirement Income Security Act by improperly transferring and lending plan assets to prohibited recipients.
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HHS Gives $1.5 Billion in Grants to 11 States to Set Up Health Exchanges
The U.S. Department of Health and Human Services said it is giving $1.5 billion in grants to 11 states to launch or further develop health insurance exchanges. Those states are California, Delaware, Iowa, Kentucky, Massachusetts, Michigan, Minnesota, New York, North Carolina, Oregon and Vermont.
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Department of Labor Lists Considerations for Adult Child Care FMLA Leave Requests
The U.S. Department of Labor has issued an “administrator's interpretation” of factors an employer must consider when an employee requests leave to care for an adult child under the Family and Medical Leave Act.
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HHS Proposes Rules to Verify Health Care Premium Subsidy Eligibility
Under the proposed rule, administrators of state and federal insurance exchanges must verify whether applicants seeking tax credits to buy health care coverage through an exchange are enrolled or eligible for qualifying coverage in an employer-sponsored health care plan.
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Certifications Aid Navigation of the Affordable Care Act Maze
Finding a qualified partner in the employee benefits industry can help companies adjust to the ACA regulatory landscape. Accreditations are enhancing their knowledge.
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Tobacco Cessation Report Lights Up Coverage Gaps, Confusing Language
Researchers found 'significant variation in how private health insurance coverage works for tobacco cessation treatment' when analyzing 39 insurance contracts in six states.
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Higher Financial Penalties Proposed for Uninsured Massachusetts Residents
In 2012, the maximum penalty for non-compliance was $105 a month, or $1,260 a year. The maximum penalty this year for those with incomes that exceed 300 percent of the federal poverty level will be $106 for each month that an individual is not covered by health insurance, or $1,272 a year.
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Certifications Aid Navigation of the Affordable Care Act Maze
Finding a qualified partner in the employee benefits industry can help companies adjust to the ACA regulatory landscape. Accreditations are enhancing their knowledge.
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Massachusetts Bill Would End Employer Penalty for Not Offering Health Plan
Under the governor's plan, the current annual assessment—known as the Fair Share contribution—of $295 per employee on employers not offering coverage would end on June 30.
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Illegal Immigrants Covered by Nebraska Workers' Comp System: Court
Those courts concluded that denying workers comp benefits to illegal immigrants creates a financial incentive to hire them because it allows an employer to escape liability for worker injuries, giving that employer an unfair advantage over competitors who follow the law, Nebraska's high court said...
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No-Strings-Attached Roth 401(k) Conversion Is Good Deal—for Select Few
Until now, to make such a distribution without incurring a 10 percent penalty, workers must either have been retiring, terminating their job with their employer or turning 59½.
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Labor Department Proposes Allowing Coca-Cola to Fund Life, AD&D Benefits in Captive
Atlanta-based Coca-Cola wants to use its Red Re Inc. captive to reinsure life insurance and accidental death and dismemberment policies written by Metropolitan Life Insurance Co.
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IRS Rules Ease Compliance With Health Reform Law Employer Mandate
The massive $2,000-per-full-time-employee penalty will not apply so long as employers offer coverage to at least 95 percent of their full-time employees and their dependents up to age 26, the IRS said.
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EEOC Settles Seventh Day Adventist Religious Discrimination Suit
Experts say religious discrimination claims in the workplace are expected to be a growing problem for employers.
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Report: Big Apple's Job Growth Predicted to Slow
A report by the Independent Budget Office says city's diversifying economy won't be enough to pick up a sagging Wall Street. The good news: office space bargains.
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Dillard's to Pay $2 Million to Settle Class Action Disability Bias Lawsuit
The settlement resolves a 2008 lawsuit filed against the Little Rock, Arkansas-based retailer for allegedly using a longstanding national policy and practice of requiring all employees to disclose personal and confidential medical information to obtain sick leave, the EEOC said in a statement Dec.
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Workers Indicted for Defrauding Employer-Sponsored Wellness Program
The employees are accused of falsely reporting that they participated in healthy activities in order to earn rewards through a wellness program included in their employee health insurance plans.
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Minnesota, Rhode Island Get OK to Launch Health Insurance Exchanges
The U.S. Department of Health and Human Services has given tentative approval to applications filed by Minnesota and Rhode Island to launch health insurance exchanges in 2014.
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Compensable Working Time: The De Minimis Doctrine and ‘Rounding’ Time
There are several traps an employer can fall into with regard to accurately recording the time that an employee actually works.
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Domino's Pizza Founder Wants Exemption From Contraceptive Mandate
The U.S. Department of Health and Human Services law requires most employers to provide cost-free coverage for birth control prescriptions, sterilization, preventative screenings and other forms of women's preventative care.
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Pot Laws Facing High Court Scrutiny?
Nothing is on the U.S. Supreme Court docket yet but with recent passage of liberal marijuana-use laws, a case could fire up justices.
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Court Reverses Ruling, Says UPS Worker Entitled to Trial on ADA Claim
The complex case of Teresa Watts v. United Parcel Service Inc. has gone to trial three times and been appealed to the 6th U.S. Circuit Court of Appeals in Cincinnati once before, according to the 6th Circuit's latest ruling.
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State Laws Concerning Guns in Company Parking Lots Likely to Resurface
Employers in several states successfully fought off or stalled the implementation of such laws throughout 2012, often by arguing that employee safety, private property rights and workers' compensation costs are at stake.
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Workers' Compensation Sees Cost Spike in Third Quarter: Towers Watson
Aggregate commercial insurance prices rose 6 percent during the third quarter of 2012, marking the seventh consecutive quarter that pricing for all commercial lines increased.
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HHS Approves Health Insurance Exchanges for Two More States, D.C.
Kentucky and New York join the District of Columbia in receiving the latest approvals. In all, exchange applications filed by eight states, plus the District of Columbia, have received tentative regulatory approval.
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Changes in Tax Rules Could Cut 401(k) Plan Sponsorship: Survey
Almost half of employers, 46 percent, said they would consider dropping their plans under the 28 percent tax credit scenario, while one-third would do so in the event of a limited tax exclusion or under the 20-20 proposal.
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Headed to Work in Washington State? Don't Fire Up That Bong Just Yet …
Despite voter approval liberalizing pot laws in two states, state marijuana laws haven't taken away an employer's right to maintain a drug-free workplace, especially as mandated by the Drug-Free Workplace Act of 1988 for companies with federal grants or contracts.
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New Pot Laws? No Worries
Following voter approval of recreational marijuana use in Washington state and Colorado, one employment lawyer nevertheless recommends making any necessary revisions to company drug policies so no gray areas exist between state and federal law.
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Pennsylvania Will Not Set Up Health Insurance Exchange
Pennsylvania is the latest state to declare it will not set up a state health exchange. States have until Dec. 14 to inform federal regulators whether they intend to establish exchanges.
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2013: A Time for Re-imagining How Work Gets Done
How work gets done, who does it and the tools they use to accomplish the task are all shifting as the new year approaches.
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2013 Employment Forecast: A Fiscal Cliffhanger
How well the job market recovers in the next 12 months could depend on what Congress decides in the next few weeks.
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Michigan Governor Signs Right-to-Work Bills Into Law
Once they take affect early next year, Michigan will become the 24th right-to-work state in the United States.
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Michigan Lawmakers Pass Controversial Right-to-Work Legislation; Gov. Snyder Expected to Sign
The Michigan House approved House Bill 4003 and Senate Bill 116, which will ban the practice of workers being forced to pay any money to a union as a condition of employment.
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White Men Can’t Jump to Conclusions on Minority Issues
Rockwell Automation discovers the key to diversity training.
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Arbitrator Reinstates Chrysler Workers Fired for Drinking During Breaks
The workers were fired in September 2010 after a Fox network station in Detroit filmed them during breaks drinking alcohol and smoking in a nearby parking lot over several days.
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HHS Gives Tentative Approval to Six State Health Insurance Exchanges
Those six states are Colorado, Connecticut, Maryland, Massachusetts, Oregon and Washington.
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Employer Not Obligated to Rehire Poor-Performing Worker Under USERRA: Court
An employer is not obligated to rehire a returning veteran with a poor work performance who was terminated as part of a reduction in force, under the Uniformed Services Employment and Reemployment Rights Act.
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Oracle, CedarCrestone Legal Battles Heat Up
The former Oracle partner says the lawsuit signals a 'broader war on competition' against the third-party support industry.
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Fiscal Cliff Talks Target Retirement Plans
Retirement plans are in congressional crosshairs for one basic reason: the tax-deductible contributions made to the plans cost the government tens of billions of dollars a year in reduced tax revenues.
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Department of Transportation Clarifies Stance on Marijuana Use
Despite recent state initiatives that decriminalize marijuana, the federal Department of Transportation does not authorize the use of marijuana for any reason.
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Michigan Bill Aims to Keep Businesses From Seeking Online Passwords
The bill would outlaw the practice of employers requiring prospective hires to turn over their passwords to social networking sites as a condition of employment. It also pertains to educational institutions and prospective students.
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Civil Rights Commission to Hold Hearing on Impact of Criminal Background Checks on Minorities
Three panels are scheduled at the 9 a.m. to 2 p.m. hearing, which is open to the public. They will feature speakers from government officials and scholars; business and advocacy groups and trade associations.
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HHS Details Fees to Be Paid, Provides Guidance for Transitional Reinsurance Program
Much of the $25 billion in assessments—to be paid annually over a three-year period—will be used to partially reimburse commercial insurers writing policies for individuals with high health care costs.
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The Last Word: Spending the Holidays With Obamacare
There is a large contingent of HR and benefits managers who face implementation now, during the holiday season no less.
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Disaffected Workers Want Out of Unions
As organized labor loses leverage in a race-to-the-bottom global market, some workers are becoming so disillusioned by what their unions can, or rather can't, do for them that they want out.
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New York City Fast-Food Workers Strike to Protest Wage Rates
Workers formed picket lines outside some New York City fast-food eateries to protest their wages and hours as part of a unionization campaign.
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Same-Sex Domestic Partner Benefits Would Cost Government $144M Over 10 Years
If the Domestic Partnership Benefits and Obligations Act were enacted, it would override DOMA's provisions regarding federal employees, but not its overarching definition of marriage for tax and Social Security purposes.
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AMR Seeks Court Approval to Remove Lump-Sum Benefit Option in Pilots' Pension Plan
American Airlines Inc. parent AMR Corp. has asked a federal bankruptcy court in New York for permission to allow the airline to amend its frozen pilots' pension plan so that retiring pilots cannot receive their accrued benefits as a lump-sum.
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Bill Giving Whistle-Blower Protections to Federal Employees Signed Into Law
The act includes provisions that amend the scope of protected disclosures, tightens requirements for nondisclosure agreements, expands the penalties imposed for violating whistle-blower protections, and establishes a Whistleblower Protection Ombudsman position in certain federal agencies.
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Big Lots Settles Sexual Harassment Lawsuit with EEOC for $155,000
The settlement resolves a 2011 lawsuit filed against a Big Lots store in Fort Smith, Arkansas, for allegedly violating Title VII of the Civil Rights Act of 1964 after a store manager sexually harassed a class of female employees.
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'Time-Off Plans': An Alternative to Comp Time
'Time-off plans' may be an efficient and economic way to manage employee pay. But how does an employer ensure a plan complies with the Fair Labor Standards Act?
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Wal-Mart Expands FCPA Probe to Brazil, China, India
The FCPA, a federal law with criminal and civil penalties jointly enforced by the U.S. Department of Justice and the SEC, punishes foreign bribery, inaccurate financial records and inadequate controls.
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Worker's Inability to Speak English Appropriately Considered in Disability Ruling: Court
The case of Merivic Inc. and Zurich North America v. Enrique Gutierrez involved a workers' comp claimant who had a ninth-grade education and a 'limited working knowledge' of English despite having lived in the United States for 34 years, according to the opinion.
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HHS Proposes Rules on Employee Wellness, Essential Health Benefits
Officials said the proposed rules on wellness programs are designed to give employers greater flexibility to design programs that will positively affect their employees' overall health while providing individuals with enhanced protections against discriminatory practices.
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Health Care Reform Timeline
Implementation of the Patient Protection and Affordable Care Act has been slow since its passage in March 2010. That will change starting in January when more regulations and requirements begin kicking in. Here is a list:
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Workers Take Aim at Walmart With Strikes
Walmart Stores Inc. workers are beginning strike actions in a lead-up to Black Friday (the shopping day after Thanksgiving) citing company attempts to squelch efforts by workers speaking out for better jobs.
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Obamacare Health Exchanges Could Take a Big Bite Out of Broker Commissions
State-run health care exchanges could offer one-stop shopping experiences for small businesses, which usually pay more for insurance because they lack the buying power of bigger companies.
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California Department of Industrial Relations Provides Information on Workers' Compensation Reform
California recently adopted workers' compensation reform laws that could help employers reduce their costs, but only if they understand how to take advantage of the changes.
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Employers Struggle to Develop Rules, Policies Around Social Media Misuse: Survey
Best practices for employers navigating social media rules, policies and local and federal regulations include a dedicated and well-communicated policy on social media and a clearly stated policy on social media monitoring in the workplace, which should be limited to business purposes only,...
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IHOP Franchisee Settles EEOC Sex Discrimination Lawsuit for $1 Million
After complaints were made about Lee Broadnax's behavior, IHOP failed to take reasonable measures to prevent and promptly correct sexual harassment allegations, according to court documents.
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Obama Re-election to Accelerate Release of Health Care Reform Law Guidance
Some health care reform law issues may be discussed during the remaining weeks of the current legislative session as lawmakers look for ways to reduce the federal budget deficit.
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Obama Win Seen as Victory for Health Care Reform
President Barack Obama's victory serves as a vindication for the Patient Protection and Affordable Care Act, industry experts said soon after the president won re-election Nov. 6.
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Gender Discrimination Class Expanded in Lawsuit Against Forest Pharmaceuticals
The four original plaintiffs were all Pennsylvania residents. The newly named plaintiffs are in California, Illinois, Kentucky and Pennsylvania. All are current or former Forest sales representatives.
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With Election Near, Romney, Obama Take Very Different Stances on Health Care Reform Law
Republican challenger Mitt Romney said numerous times during the campaign that one of his first acts, if elected, would be to seek repeal of the Patient Protection and Affordable Care Act.
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Sandy May Affect Workers' Compensation Premium Calculations
NCCI Holdings Inc. Oct. 31 reminded workers' comp underwriters of employee classification code changes insurers may apply when inclement weather or disasters force employers to temporarily suspend operations or shift workers into new roles.
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American Airlines Freezes Its Pension Plans
In January, American said it would seek bankruptcy court approval to terminate the plans, which have about 130,000 participants.
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Emergency Room Physician is Independent Contractor, Cannot Pursue Bias Claims: Court
Glascock charged that throughout her relationship with the group she was subjected to ongoing sexual harassment by other group physicians, including being called a “princess,” “cutie” and “babe,” as well as disparaging remarks about pregnancy.
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Two States Grapple With High Workers' Comp Rates With New Reforms
However, the jury is still out on whether the changes will result in lower costs to employers.
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Tougher Law in Hawaii Aims to Protect Harassed Workers
Although many employers are complying with Act 206, some 'felt that it didn't need to be required,' notes employer group attorney.
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Ministerial Exception Applied to Music Director with No Religious Training
According to the ruling, Philip Cannata, who became music director at St. John Neumann Catholic Church in Austin, Texas, in 1998, had no liturgical responsibilities because he “lacked the requisite education, training and experience.”
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Internal Surveillance Cameras can Reduce Workers' Compensation Fraud
Workers' comp experts say cameras can be effective in preventing fraud. Video footage is an added safeguard for employers that are trying to keep comp costs down.
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Most Employers to Continue Offering Health Benefits: Survey
Out of 111 Midwestern employers surveyed in August, only 8 percent said they intend to drop health care coverage for active employees in 2018, when the last of the federal health care reform act's provisions are expected to take effect, according to the Chicago-based business group's report.
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Health, Safety Lapses in Lab Tied to Fungal Meningitis Outbreak
Investigators found “serious health and safety deficiencies” at the compound pharmaceutical lab tied to the fungal meningitis outbreak, according to a preliminary report released Oct. 22.
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Illinois Pension Plans on Road to Ruin: Report
Pension costs are projected to take up 25 percent of the state's budget in fiscal year 2015, up from 8 percent in 2008 and 20 percent in 2012.
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Lawsuit says NBA Tried to Force Out Working Mothers with Young Children
The lawsuit said the plaintiff, Secaucus, New Jersey-based Brynn Cohn, and two others in the print group were forced to resign because of the additional child care expenses the schedule would have required.
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Temp Workers Sue Wal-Mart, Staffing Firms
A group of Illinois workers filed suit against Wal-Mart Stores Inc. and two staffing firms — QPS Employment Group Inc. and Labor Ready - Midwest Inc.
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EEOC Settles with Mining Firm Over ADA Violations
The Equal Employment Opportunity Commission said Rocky Davis, who has profound hearing loss, had asked Birmingham, Alabama-based Jim Walter Resources, a unit of Walter Energy Inc., to accommodate him and assign him to another location, but the firm failed to honor his request.
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U.S. Court Abused Discretion in Sex Harassment Case: Appeals court
the EEOC asked the U.S. District Court for the Northern District of New York in Albany to issue a broad injunction against KarenKim that included barring Allen Manwaring from entering the store.
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A Perk the Boss Can't Afford
New York City wants to give small business workers paid time off—a benefit some of their employers can rarely take.
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Court Rules Employer Does Not Need to Pay for Employee's Gastric Bypass
On the doctors' advice to lose weight, Melinda McKenzie underwent unauthorized gastric bypass surgery in 2006 and eventually lost 241 pounds, records show. However, MCI denied authorization and payment for McKenzie's procedure.
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New York Appeals Court Declares Defense of Marriage Act Unconstitutional
In a 2-1 ruling handed down Oct. 18, the 2nd Circuit U.S.
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Supreme Court to Hear Title VII, Class-Action Cases in 2012-13 Term
As Littler Mendelson's Garry Mathiason says, 'There are always some surprises from the Supreme Court.'
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University of Virginia Whistle-Blower Gets $819,000 Jury Award
Weihua Huang claimed he was retaliated against after he complained about Ming D. Li's misuse of federal research grants for a project on the genetics of nicotine and addiction.
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Ethnic Disparities Found in Compensation for Injured Construction Workers
The study of 1,039 cases does not explain the reason for the disparity, although the researchers said bias or prejudice are a possibility, as are differences in knowledge about how the compensation system works.
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Guidance on Health Reform Law's Transitional Reinsurance Program Requested
Many questions remain unanswered about the Transitional Reinsurance Program, the Washington-based benefits lobbying group noted in a letter sent this month to the U.S. Department of Health and Human Services, which will enforce the program.
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Medicare Heats Up Biden-Ryan Debate
The Medicare segment of the debate included some of the most frequent interruptions by both Vice President Joe Biden and Republican vice presidential candidate Rep. Paul Ryan (R-Wisconsin) in a testy debate as each took turns bashing the other side's impacts on the program.
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Illinois Politicians Back Health Insurance Co-Op Applicant
Gov. Pat Quinn, fellow Democrat Richard Durbin and Republican Mark Kirk have written letters of support on behalf of SimpleHx, a co-op proposed by a group of people who met last year while pursuing their MBAs at Northwestern University.
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Fast-Food Franchisee Settles ADA Charges Brought by EEOC
In the suit filed in April against Waco, Texas-based CTW L.L.C.
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Johns Hopkins Shooting Spurs Improvements to Hospital's Workplace Violence Response Program
Following the shooting, part of the hospital's efforts to enhance its violence prevention planning included instructive courses with the FBI's Behavioral Analysis Unit on identifying certain behavioral patterns that often predict a violent outburst.
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California Law Gives Transit Agencies Authority to Require Bay Area Employers to Offer Commuter Benefits
Under the measure, S.B. 1339, employers in nine Bay Area counties would have six months after the two agencies — the Metropolitan Transit Commission and the Bay Area Air Quality Management District — adopt such a mandate to offer the programs.
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Rising Health Care Costs to Pinch Employees
The average cost to insure an employee is projected to jump to $11,283 in 2013, from $10,616 this year, according to the report by the unit of London-based Aon Corp.
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Lack of Health Care Reform Guidance Hampers State Lawmakers: Letter
For employers, final regulatory guidance has yet to come in a number of areas, including whether employers will be assessed a penalty of $2,000 per full-time employee if they do not offer coverage to all full-time employees, and how much they will have to pay to fund a three-year health care reform...
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Gender Bias Class-Action Lawsuit Filed Against Wal-Mart in the Southeast
Zenovdia Love, the lead plaintiff, had worked for Wal-Mart for 15 years until 2003. She was passed over for promotion to an unposted co-manager position by a male from outside Wal-Mart who had less experience than her and then was required to train him, the lawsuit said.
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Former Assistant Football Coach McQueary Files Whistle-Blower Suit Against Penn State
McQueary alleged that Penn State terminated his employment as assistant football coach because of his cooperation with Pennsylvania Attorney General investigators.
