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Wolters Kluwer

ALJ dismisses OFCCP individual sexual orientation bias claim due to voluntary compliance, rejects jurisdictional claims

News Source: Wolters Kluwer
Post Date: Friday - March 24, 2017 - 7:43pm
A DOL ALJ has dismissed, due to the defendant company’s agreement to comply with the agency’s request for an on-site investigation, what is apparently the OFCCP’s first enforcement action based on an individual complaint of sexual orientation discrimination. In a previous decision issued ten days before the dismissal, the ALJ rejected arguments by the defendant, ...
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7th Circuit tees up ‘fair share’ fee suit for High Court

News Source: Wolters Kluwer
Post Date: Friday - March 24, 2017 - 9:26am
By Lisa Milam-Perez, J.D. A federal district court properly rejected a challenge brought by two Illinois state workers hoping to bar their unions from collecting “fair share” fees from nonmembers. The Illinois Public Labor Relations Act allows for such fees and the First Amendment does too, according to the U.S. Supreme Court’s 1977 decision in Abood ...
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Christian university that fired unmarried pregnant instructor discriminated based on marital status

News Source: Wolters Kluwer
Post Date: Friday - March 24, 2017 - 9:24am
By Kathleen Kapusta, J.D. Observing that “at its heart, this lawsuit is about what happens when an employment policy based on an employer’s sincerely held religious belief conflicts with an employee’s rights under federal and state discrimination laws,” a federal district court in Oregon found a nonprofit Christian university discriminated against an unmarried pregnant employee when ...
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Acosta facing tough questions at nomination hearing

News Source: Wolters Kluwer
Post Date: Friday - March 24, 2017 - 9:22am
By Pamela Wolf, J.D. On March 22, the Senate Health, Education, Labor, and Pensions Committee began its hearing on the suitability of President Trump’s nominee, Alexander Acosta, to serve as Secretary of Labor. The day before the hearing, Democrats on the House Committee on Education and the Workforce pressed the Senate HELP Committee to find out ...
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NLRB unreasonably relied on distinguishable precedent to deny revoking union dues checkoff

News Source: Wolters Kluwer
Post Date: Friday - March 24, 2017 - 9:21am
By Ronald Miller, J.D. An administrative law judge impermissibly ruled that employees were not entitled to have an opportunity to revoke their dues checkoff authorization at the expiration of a collective bargaining agreement, ruled the D.C. Circuit. Here, the appeals court found that the NLRB’s precedent in Frito-Lay, Inc., relied on by the ALJ, was factually ...
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Compliance program effectiveness requires annual measurement of risks and identification of trends

News Source: Wolters Kluwer
Post Date: Friday - March 24, 2017 - 6:56am
Annual measurement and proactive evaluation of program elements and risks through reports and metrics is necessary to routinely determine the effectiveness of a compliance program, according to Bret S. Bissey, Senior Vice President, Compliance Services MediTract. Bissey presented practical suggestions and best practices for evaluating a compliance program in a webinar sponsored by the Health ...
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Florida hospital improperly billed Medicare almost $300,000 over two years

News Source: Wolters Kluwer
Post Date: Friday - March 24, 2017 - 6:55am
For over two years, University of Florida Health Jacksonville did not comply with Medicare billing requirements, due to inadequate billing controls. The noncompliance resulted in overpayments of at least $273,000, according to an audit by the HHS Office of the Inspector General (OIG). Claims The 695-bed not-for-profit hospital submitted 11,134 inpatient claims during the audit period ...
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But-for causation not required at prima facie stage for Title VII retaliation claim

News Source: Wolters Kluwer
Post Date: Thursday - March 23, 2017 - 9:37am
By Lisa Milam-Perez, J.D. An employee asserting a Title VII retaliation claim is not required to establish but-for causation at the prima facie stage, notwithstanding the Supreme Court’s 2013 Nassar decision, the Third Circuit held. All an employee need do to make a prima facie case is proffer sufficient evidence to raise an inference that her ...
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Jury award to needle-phobic pharmacist tossed; providing immunizations was essential function

News Source: Wolters Kluwer
Post Date: Thursday - March 23, 2017 - 9:31am
By Marjorie Johnson, J.D. Because performing immunization injections was an essential requirement of a needle-phobic pharmacist’s job which no reasonable accommodation would have allowed him to perform at the time he was discharged, the Second Circuit overturned a substantial jury verdict in his favor. Reversing the district court’s post-trial denial of Rite Aid’s bid to toss ...
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NLRB Acting GC Lafe Solomon served in violation of FVRA

News Source: Wolters Kluwer
Post Date: Thursday - March 23, 2017 - 9:29am
By Lisa Milam-Perez, J.D. Former NLRB Acting General Counsel Lafe Solomon was ineligible to function in that role once he was nominated by President Obama to serve permanently, a divided U.S. Supreme Court has ruled. The Federal Vacancies Reform Act bars an individual who has been nominated to fill a Presidential appointment and Senate confirmation (a ...
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Piece-work pay plan that reduced weekly bonus in proportion to overtime violated FLSA

News Source: Wolters Kluwer
Post Date: Thursday - March 23, 2017 - 9:27am
By Lorene D. Park, J.D. Reversing summary judgment against claims by two cable and Internet installation technicians, the Ninth Circuit held that the employer’s piece-work-based pay plan, which included a bonus designed to decrease in proportion to an increase in the number of overtime hours worked, violated the Fair Labor Standards Act’s overtime provisions. The appeals ...
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Kusserow on Compliance: OIG reports Medicaid Fraud Control Units results for 2016

News Source: Wolters Kluwer
Post Date: Thursday - March 23, 2017 - 8:30am
The HHS Office of Inspector General (OIG) is the designated Federal agency that oversees state Medicaid Fraud Control Units (MFCUs). It issued a report on their statistical results for 2016. MFCUs are charged with investigating and prosecuting patient abuse or neglect in nursing homes and hospitals, as well as in assisted living facilities. Seventy-five percent ...
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Gatekeeping vital to a best practice organization

News Source: Wolters Kluwer
Post Date: Thursday - March 23, 2017 - 6:56am
Gatekeeping should be viewed as a first line of defense, protecting not only a healthcare organization, but the patients as well. In a Health Care Compliance Association (HCCA) webinar titled “Gatekeeping & Monitoring – Developing Sound Processes for Screening, Removal & Reinstatement,” Amy Andersen, Director of Operations at Verisys Corp., noted that every organization can ...
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Fire department’s interests outweighed public interest in employee’s Facebook posts on gun control, social media policy

News Source: Wolters Kluwer
Post Date: Wednesday - March 22, 2017 - 8:19am
By Kathleen Kapusta, J.D. Although at least some of a battalion chief’s Facebook activity touched on issues of public concern, including a posts over gun control legislation and the fire department’s social media guidelines, the department’s interest in workplace efficiency and preventing disruption outweighed the public interest commentary contained in his Facebook activity, the Fourth Circuit ...
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Company control over ‘vendors’ established they were employees as a matter of law

News Source: Wolters Kluwer
Post Date: Wednesday - March 22, 2017 - 8:16am
By Ronald Miller, J.D. Vendors for a company that preserved foreclosed properties were entitled to summary judgment against the company’s independent contractor defense where the company could not overcome evidence of its control over the vendors, a federal district court in California has ruled. The court reiterated that under California law, the right to control the ...
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