EA's 2017-2018 Catalog is Available!  ... - Learn More

EA's 2017-2018 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

Kusserow on Compliance: Measuring compliance program effectiveness using validated and reliable knowledge surveys

News Source: Wolters Kluwer
Post Date: Monday - September 25, 2017 - 8:30am
The OIG from its earliest compliance guidance documents has recommended the use of “uestionnaires developed to solicit impressions of a broad cross section” of the workforce. Evaluating effectiveness through the use of questionnaires or surveys can measure the compliance culture and/or knowledge of the organization. Such surveying of employees are one of the two methods suggested ...
Continue Reading

CMS seeks feedback on ‘new direction’ for Innovation Center

News Source: Wolters Kluwer
Post Date: Monday - September 25, 2017 - 6:56am
The Center for Medicare and Medicaid Innovation (CMMI) is seeking feedback on a potential “new direction” to promote patient-centered care and test market-driven reforms that empower beneficiaries as consumers, provide price transparency, and increase choices and competition. To be considered, comments on the informal Request for Information must be submitted online or through email by ...
Continue Reading

In calculating overtime, failure to aggregate hours of workers with two part-time jobs not ‘willful’

News Source: Wolters Kluwer
Post Date: Friday - September 22, 2017 - 9:03am
By Ronald Miller, J.D. Agreeing with a district court that certain county employees did not present enough evidence to avoid a directed verdict on the county’s “willfulness” in failing to aggregate hours worked by employees who had two part-time jobs in calculating their overtime pay, the Third Circuit affirmed judgment for the employer on that issue. ...
Continue Reading

EEOC nominees don’t appear committed to prior Title VII policy on LGBT discrimination

News Source: Wolters Kluwer
Post Date: Friday - September 22, 2017 - 8:59am
By Pamela Wolf, J.D. On September 19, 2017, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing that included testimony from President Donald Trump’s nominees to serve as EEOC Commissioners, Janet Dhillon and Daniel Gade. The nominees faced some tough questions, including about their position on the EEOC’s controversial policy holding that Title ...
Continue Reading

EEOC advances pattern or practice claim that affiliated companies favored Hispanic applicants

News Source: Wolters Kluwer
Post Date: Friday - September 22, 2017 - 8:55am
By Marjorie Johnson, J.D. The EEOC plausibly alleged that an employer and its affiliated companies maintained a policy of giving hiring preference to Hispanic and Spanish-speaking applicants. Denying the defendants’ motion to dismiss, a federal court in California held that the EEOC’s pre-suit requirements were non-jurisdictional and that it adequately pled that it had met them. ...
Continue Reading

Dem leaders push for quick Graham-Cassidy CBO assessment; hearing scheduled

News Source: Wolters Kluwer
Post Date: Friday - September 22, 2017 - 6:56am
Democrats in both the House and Senate reacted quickly to the Graham-Cassidy legislation in requesting a full assessment from the Congressional Budget Office (CBO). The office stated that it is working on a preliminary assessment for the week of September 25, 2017, as early as possible. However, the CBO warned that point estimates on several ...
Continue Reading

Kraft retirees had no vested right to health care benefits beyond termination of CBAs

News Source: Wolters Kluwer
Post Date: Thursday - September 21, 2017 - 2:09pm
In a number of recent court decisions, it has consistently been determined that collective bargaining agreements do not provide a source for lifetime medical benefits for retirees and their surviving spouses and beneficiaries if there is not explicit contractual language stating that such benefits survive expiration of the agreement. However, in a recent decision, Gruss ...
Continue Reading

NLRB: Employer’s conflicting signals mean it failed to effectively repudiate CBA

News Source: Wolters Kluwer
Post Date: Thursday - September 21, 2017 - 8:42am
By Ronald Miller, J.D. By failing to respond to a union’s request for information, an employer violated NLRA Section 8(a)(5), ruled a divided three-member panel of the NLRB. The Board rejected the employer’s contention that it earlier had effectively repudiated the parties’ collective bargaining agreement during its term and that the union had clear and unequivocal ...
Continue Reading

West Virginia right-to-work law is constitutional

News Source: Wolters Kluwer
Post Date: Thursday - September 21, 2017 - 8:39am
By Harold S. Berman J.D. West Virginia’s new right-to-work law can be implemented despite constitutional challenges from several unions, the Supreme Court of Appeals of West Virginia ruled. Reversing and remanding a state circuit court’s decision to issue a preliminary injunction that temporarily halted the law’s implementation, the state high court found the court below abused ...
Continue Reading

Changing job criteria in middle of hiring process supports pretext inference in nonselection claim

News Source: Wolters Kluwer
Post Date: Thursday - September 21, 2017 - 8:36am
By Kathleen Kapusta, J.D. Evidence that an employer changed the criteria for a position midway through the hiring process, relied on subjective justifications for selecting white candidates over an African-American applicant, and provided a shifting explanation for the selection decision supported an inference of pretext sufficient to deny summary judgment against the applicant’s Title VII race ...
Continue Reading

Hospital organizations again advocate for delay of Medicaid DSH reductions

News Source: Wolters Kluwer
Post Date: Thursday - September 21, 2017 - 6:56am
Nine hospital organizations have urged Congress to further delay the start of Medicaid disproportionate share hospital (DSH) cuts, which are set to begin in fiscal year (FY) 2018. The organizations, including the American Hospital Association (AHA), wrote letters to both the House and the Senate. State Medicaid programs make DSH payments to qualifying that serve ...
Continue Reading

To assess debtor’s intent in omitting civil claims in bankruptcy, consider everything

News Source: Wolters Kluwer
Post Date: Wednesday - September 20, 2017 - 9:07am
By Kathleen Kapusta, J.D. Overruling prior precedent approving the inference that a plaintiff intended to make a mockery of the judicial system solely because she failed to disclose her civil claim in bankruptcy, the en banc Eleventh Circuit, in agreement with the Sixth, Seventh, and Ninth Circuits, held that district courts should consider all the facts ...
Continue Reading

Abusive treatment of subordinates, not employee’s PTSD, was cause of firing

News Source: Wolters Kluwer
Post Date: Wednesday - September 20, 2017 - 9:03am
By Kathleen Kapusta, J.D. An employee fired shortly after telling his supervisor he had PTSD could not establish pretext for disability discrimination by pointing to, among other things, his recent positive performance evaluations or a relatively minor misstatement in the employer’s EEOC position statement. Nor did the fact that the decisionmakers questioned the veracity of his ...
Continue Reading

5-minute pre-shift ‘briefing’ of 911 dispatcher compensable, not de minimis

News Source: Wolters Kluwer
Post Date: Wednesday - September 20, 2017 - 8:58am
By Joy P. Waltemath, J.D. Reversing summary judgment to a county employer on only one of several FLSA claims for unpaid pre- and post-shift work, the Tenth Circuit found that a 911 dispatcher presented sufficient evidence for a jury to find that the county had to compensate her for the undisputedly integral and indispensable activity of ...
Continue Reading

$55M fraud scheme earns 84 months in prison

News Source: Wolters Kluwer
Post Date: Wednesday - September 20, 2017 - 6:56am
Involvement in a $55 million health fraud scheme earned a medical clinic owner 84 months in prison. She pleaded guilty in October 2015 to using her two Brooklyn, New York-based clinics, Prime Care on the Bay LLC and Bensonhurst Mega Medical Care PC to submit false and fraudulent claims to Medicare and Medicaid. Scheme According ...
Continue Reading