EA's 2016-2017 Catalog is Available!  ... - Learn More

EA's 2016-2017 Catalog is Available!  ... - Learn More

News

Our Mission: To provide key employer services and information in support of talent and workforce development.
Our Vision: To be the leading employer's resource in West Michigan.

Wolters Kluwer

Company accused of terminating Air National Guard member settles DOJ lawsuit

News Source: Wolters Kluwer
Post Date: Friday - April 28, 2017 - 9:43am
Earlier this month, the Department of Justice announced that it had settled a case in which a Rapid City, South Dakota-based company allegedly violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to reemploy and ultimately terminating a servicemember. According to the Justice Department’s complaint, Staff Sgt. Amber Ishmael’s military service was a ...
Continue Reading

Division I football players in California were not ‘employees’ of NCAA or PAC-12

News Source: Wolters Kluwer
Post Date: Friday - April 28, 2017 - 8:51am
By Lorene D. Park, J.D. Dismissing a putative class action by a former Division I football player at the University of Southern California, who claimed the NCAA and PAC-12 Conference violated the FLSA and state law by failing to pay players minimum wages and overtime, a federal district court in California agreed with a majority of ...
Continue Reading

‘Thorn in side’ of UBS whistleblower’s SOX claim for retaliatory firing survives

News Source: Wolters Kluwer
Post Date: Friday - April 28, 2017 - 8:50am
By Rebecca Kahn, J.D. A registered broker-dealer’s employee who was fired after refusing to bow to corporate pressure to skew his independent analyses for the benefit of his employer survived summary judgment on deposition testimony alone. A federal district court in New York ruled that a rational jury could find that the employee was objectively and ...
Continue Reading

Mental patient paid for part-time ‘therapeutic’ work was ‘employee’ of state hospital

News Source: Wolters Kluwer
Post Date: Friday - April 28, 2017 - 8:45am
By Marjorie Johnson, J.D. A trial court erred in determining that no employer-employee relationship existed under the Missouri Human Rights Act (MHRA) between a state-run facility and a residing patient who performed part-time work while being treated for pedophilia. Reversing a determination that the Missouri Human Rights Commission (MHRC) lacked jurisdiction over his charge of disability ...
Continue Reading

Palantir Technologies to pay $1.6M-plus to settle hiring bias claims

News Source: Wolters Kluwer
Post Date: Friday - April 28, 2017 - 8:42am
By Cynthia L. Hackerott, J.D. Federal contractor Palantir Technologies, a computer software and services company specializing in data analysis, has entered into a consent decree with the OFCCP to resolve charges that the company discriminated against Asian job applicants in its hiring process and selection procedures for three different engineer positions at its Palo Alto, California, ...
Continue Reading

False promises rebuked by FDA, no tea or vitamin can cure cancer

News Source: Wolters Kluwer
Post Date: Friday - April 28, 2017 - 6:56am
Bogus cancer “treatments” being marketing and sold without FDA approval were the target of 14 warning letters and four online advisory letters, according to a press release and consumer update from the agency. The 65-plus products listed by the agency include pills, tablets, creams, syrups, sprays, oils, salves, teas, and medical devices, claiming to cure ...
Continue Reading

Highlight on Alaska: FTC, DOJ back Alaska Senate’s move to eliminate certificates of need

News Source: Wolters Kluwer
Post Date: Friday - April 28, 2017 - 6:55am
Citing “considerable competitive concerns” raised by certificate of need (CON) laws, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued a joint statement in support of Alaska Senate Bill 62 (SB 62), which would repeal Alaska’s CON program effective July 1, 2019. CON programs generally require firms to demonstrate an unmet need ...
Continue Reading

Supervisors seeking written statement acted reasonably after employee invoked Weingarten right

News Source: Wolters Kluwer
Post Date: Thursday - April 27, 2017 - 10:07am
By Ronald Miller, J.D. The D.C. Circuit found no support in the applicable law for an NLRB determination that an employer acted unlawfully when a supervisor asked an employee to fill out a written statement after he had requested a union representative. The appeals court observed that in assessing a situation to determine whether an employee’s ...
Continue Reading

Supervisor’s ‘vulgar’ comments about men didn’t create hostile environment for her female subordinate

News Source: Wolters Kluwer
Post Date: Thursday - April 27, 2017 - 10:02am
By Marjorie Johnson, J.D. A female employee who regularly overheard a female supervisor’s vulgar comments about her sex life and sexual interest in certain men failed to defeat summary judgment on her sexual harassment claim since there was no evidence suggesting the harassment was based on her sex, and even if it was, the conduct was ...
Continue Reading

Tort suit against tribal employee individually doesn’t trigger sovereign immunity

News Source: Wolters Kluwer
Post Date: Thursday - April 27, 2017 - 9:58am
By Joy P. Waltemath, J.D. In a negligence suit brought against an employee of the Mohegan Tribal Gaming Authority in his individual capacity based on an automobile accident while the employee was driving, the employee, not the tribe, is the real party in interest, the U.S. Supreme Court ruled, holding that the tribe’s sovereign immunity was ...
Continue Reading

Kusserow on Compliance: Compliance officers should have active roles in CIA negotiations

News Source: Wolters Kluwer
Post Date: Thursday - April 27, 2017 - 8:30am
Laura Ellis, HHS Office of Inspector General (OIG) Senior Counsel, has a reputation for managing the most difficult and complicated corporate integrity agreements (CIAs) on behalf of the OIG. At the recent Health Care Compliance Association (HCCA) Compliance Institute, she urged compliance officers not to sit on the sidelines while a CIA is being negotiated ...
Continue Reading

Adoption of annual wellness visits increasing at a moderate rate

News Source: Wolters Kluwer
Post Date: Thursday - April 27, 2017 - 6:56am
Trends in annual wellness visits (AMV) indicate a modest increase in the percentage of Medicare beneficiaries receiving an AWV from 7.5 percent in 2011 to 15.6 percent in 2014, according to a study of the trends related to annual wellness visits (AWV) published in the Journal of the American Medical Association (JAMA) on April 19, ...
Continue Reading

Employer guilty of retaliation after charging employee with dishonesty based on OSHA complaint

News Source: Wolters Kluwer
Post Date: Wednesday - April 26, 2017 - 9:03am
By Ronald Miller, J.D. A railroad that brought charges of dishonesty against an injured employee who had filed a complaint under the Federal Railroad Safety Act (FRSA), alleging he lied regarding the circumstances surrounding his injury, was found to have engaged in unlawful retaliation, ruled the First Circuit. Moreover, the appeals court concluded that a punitive ...
Continue Reading

Title VII plaintiff failed to show positive drug test was unreliable or race was reason for non-hire

News Source: Wolters Kluwer
Post Date: Wednesday - April 26, 2017 - 8:59am
By Lorene D. Park, J.D. Affirming summary judgment against Title VII and other claims by an African-American truck driver, who alleged that he was not hired because the employer’s racially biased safety officer unlawfully cancelled his second drug test, the Seventh Circuit explained that his theory failed because it was undisputed that the company did not ...
Continue Reading

8 years of illegal kickbacks costs Hospice Plus $12M

News Source: Wolters Kluwer
Post Date: Wednesday - April 26, 2017 - 6:56am
A group of hospices owned by Curo Health Services and operating under the Hospice Plus brand agreed to pay over $12 million to resolve allegations that they paid kickbacks in exchange for patient referrals in violation of the False Claims Act (31 U.S.C. §3729). The scheme came to light after several whistleblowers filed qui tam ...
Continue Reading