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Wolters Kluwer

How the AHCA directly impacts significant parts of the ACA

News Source: Wolters Kluwer
Post Date: Tuesday - May 23, 2017 - 6:56am
Six weeks after pulling the American Health Care Act (AHCA) (H.R. 1628) from consideration, the House of Representatives passed an amended version of the bill on May 4, 2017, by a vote of 217 to 213. The legislation makes significant changes to some parts of the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148), ...
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CNAs not required to exhaust union grievance procedure before taking overtime claims to court

News Source: Wolters Kluwer
Post Date: Monday - May 22, 2017 - 9:26am
By Ronald Miller, J.D. Certified nursing assistants (CNAs) whose terms of employment were governed by a collective bargaining agreement were not required to first exhaust their contractual remedies before pursuing their overtime pay claims in a judicial forum, ruled the Third Circuit in a 2-1 decision. The employees’ FLSA claims regarding the inclusion of shift differentials ...
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NLRB finds company reorg no basis for ‘good-faith uncertainty’ of union’s majority status

News Source: Wolters Kluwer
Post Date: Monday - May 22, 2017 - 9:24am
By Ronald Miller, J.D. Absent evidence that a union claimed to represent employees that an employer inherited after merging with another company, or that the union had lost support among its current bargaining unit members, an employer failed to meet the threshold showing necessary for processing an election petition, ruled a divided NLRB. Finding that the ...
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Trump sinks ERISA ‘safe harbor’ for state payroll deduction plans

News Source: Wolters Kluwer
Post Date: Monday - May 22, 2017 - 9:19am
By Pamela Wolf, J.D. On May 17, President Donald Trump signed off on a resolution of disapproval brought under the Congressional Review Act that now puts an end to an ERISA “safe harbor” that would have permitted states to design and operate payroll deduction savings programs for private-sector employees—including automatic enrollment programs—without causing the states to ...
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Can disciplinary infractions render employee ‘not qualified’ under ADA?

News Source: Wolters Kluwer
Post Date: Monday - May 22, 2017 - 8:32am
By Joy P. Waltemath, J.D. Denying summary judgment to a cashier on her failure to accommodate claim, a federal district court in Indiana found that although she successfully argued her employer was required but failed to provide a reasonable accommodation—early as opposed to late-day working hours—to accommodate her Crohn’s disease, there was a material fact dispute ...
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Kusserow on Compliance: Senior executive exposure to liability for failing to embrace compliance

News Source: Wolters Kluwer
Post Date: Monday - May 22, 2017 - 8:30am
As the headlines continue to point to major misconduct and scandals involving senior corporate executives, compliance officers need to refocus their efforts and address a critical need. All too often, compliance officers have difficulty in requiring board members and senior executives to be briefed on the compliance program activities, undergo annual compliance training, and generally ...
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CPC+ Round 2 taking applications from Louisiana, Nebraska, North Dakota, and Buffalo NY practices

News Source: Wolters Kluwer
Post Date: Monday - May 22, 2017 - 6:56am
The second round of regions for participation in the Comprehensive Primary Care Plus (CPC+) model, an Advanced Alternative Payment Model (Advanced APM) has been announced by CMS, which is seeking eligible practices in three statewide regions—Louisiana, Nebraska, and North Dakota—and in the Greater Buffalo Region (Erie and Niagara Counties), New York. CPC+ Round 2 will ...
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New employer could have used trade secrets downloaded by engineer; DTSA claim survives

News Source: Wolters Kluwer
Post Date: Friday - May 19, 2017 - 9:01am
By Thomas Long, J.D. An engineer who worked as the head of quality control for a manufacturer of electric motors could have misappropriated trade secrets by copying confidential business information onto a thumb drive without authorization, a federal district court in Illinois determined. The manufacturer adequately alleged that a competing company—which hired the engineer as its ...
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Bouts of ‘uncontrollable crying’ might be constructive notice of serious medical condition

News Source: Wolters Kluwer
Post Date: Friday - May 19, 2017 - 8:58am
By Marjorie Johnson, J.D. An Hispanic high school secretary who claimed she transferred to another school after becoming increasingly distraught by coworkers’ derogatory comments about Hispanic students and their families, and then experienced bouts of “uncontrollable crying” in front of her new principal after hearing an associate principal make a similar derogatory statement—leading to her allegedly ...
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Texas jury award for school bus monitor fired after ‘wetting self’ reinstated; incontinence was disability

News Source: Wolters Kluwer
Post Date: Friday - May 19, 2017 - 8:56am
By Marjorie Johnson, J.D. The Texas Supreme Court reinstated a jury verdict in favor of a school bus monitor who suffered from congestive heart failure and incontinence, and who was fired after he involuntarily urinated in his pants following a bus driver’s refusal to stop at a gas station so he could use the restroom. In ...
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NLRB says casino can’t bar former employee from premises after she filed wage suit

News Source: Wolters Kluwer
Post Date: Friday - May 19, 2017 - 8:27am
By Ronald Miller, J.D. An employer acted unlawfully by denying a former employee access to its hotel/casino facility, contrary to its longstanding practice of granting such access, after she and another employee filed an FLSA collective action for unpaid wages, ruled a divided three-member panel of the NLRB. Finding that the employer routinely granted former employees ...
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Anthem, Cigna call off merger, maybe mooting pending SCOTUS petition

News Source: Wolters Kluwer
Post Date: Friday - May 19, 2017 - 6:56am
After the Delaware Court of Chancery denied Anthem, Inc.’s motion for a preliminary injunction that would have prevented Cigna Corporation from terminating a merger agreement entered into between the two insurance giants two years ago but beset by legal challenges—including a lawsuit by the United States on antitrust grounds—Anthem finally agreed to terminate the agreement. ...
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Union policy requiring written request for anniversary date not arbitrary

News Source: Wolters Kluwer
Post Date: Thursday - May 18, 2017 - 8:46am
By Matt Pavich, J.D. A union’s policy that required members to request their anniversary date in writing was neither arbitrary nor in bad faith, ruled the D.C. Circuit. Applying the accepted duty of fair representation standard for determining whether internal union policies are unlawfully arbitrary, the NLRB reasonably found that the union’s policy was not so ...
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More FY 2017 OFCCP settlements not publicized via agency press releases

News Source: Wolters Kluwer
Post Date: Thursday - May 18, 2017 - 8:43am
By Cynthia L. Hackerott, J.D. The OFCCP’s practice of posting online (via its Class Member Locator webpage and FOIA Reading Room) some conciliation agreements and consent decrees for which the agency did not issue a corresponding press release continues. The following is a listing of such agreements not previously reported by Wolters Kluwer. In all of ...
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Return to different but equivalent job, layoff weeks later not FMLA violations

News Source: Wolters Kluwer
Post Date: Thursday - May 18, 2017 - 8:41am
By Kathleen Kapusta, J.D. Observing that the plain language of the FMLA does not require an employer to restore an employee returning from leave to his previous position no matter what, the Fourth Circuit, in agreement with the court below, rejected the contention of an employee—who was restored to a different position after leave and then ...
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