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Wolters Kluwer

Kusserow on Compliance: Achieving compliance support from the Board and CEO

News Source: Wolters Kluwer
Post Date: Monday - October 15, 2018 - 8:30am
Carrie Kusserow, has been working with and making presentations to Boards and CEOs for over 15 years. She highlights the need reinforce CEO and Board expectations for the compliance program—expectations then can cascade down through the entire organization. She finds that often Boards and CEOs played a major role in kicking off the compliance effort, ...
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Giving light duty to injured workers but not pregnant worker did not violate PDA

News Source: Wolters Kluwer
Post Date: Friday - October 12, 2018 - 8:50am
By Lorene D. Park, J.D. Granting summary judgment against a Pregnancy Discrimination Act claim by an emergency medical technician who was denied light duty when she had lifting restrictions during her pregnancy, a federal district court in Alabama found that she failed to proffer any evidence that non-pregnant employees were treated more favorably in comparable circumstances. ...
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Distance disabled prof had to walk between classes supports Rehab Act claims

News Source: Wolters Kluwer
Post Date: Friday - October 12, 2018 - 8:45am
By Brandi O. Brown, J.D. An English professor whose ability to walk was limited by an on-the-job injury and arthritis, and who requested accommodations that included having classrooms scheduled close to one another, will proceed with two Rehabilitation Act claims, a federal district court in Maryland ruled. The remainder of her claims, including claims under the ...
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Employers should be able to discriminate against LGBTQ workers based on religious beliefs, suit asserts

News Source: Wolters Kluwer
Post Date: Friday - October 12, 2018 - 8:43am
By Pamela Wolf, J.D. The U.S. Pastor Council and Hotze Health & Wellness Center have teamed up to file a lawsuit against the EEOC and its Commissioners, as well as Attorney General Jeff Sessions (all of whom are charged with enforcing Title VII), challenging the EEOC’s interpretation of Title VII to make employment discrimination based on ...
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$2.7M damage award against former execs for breach of restrictive covenants upheld

News Source: Wolters Kluwer
Post Date: Thursday - October 11, 2018 - 8:56am
By Ronald Miller, J.D. The Tenth Circuit affirmed a $2.725 million jury award in a title company’s favor on its claims of breach of contractual and fiduciary duties against former employees who left to form a competing company and encouraged former coworkers to join them. It was clear that the jury believed that the defendants’ conduct ...
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Kentucky employer can’t condition employment on agreement to arbitrate employment disputes

News Source: Wolters Kluwer
Post Date: Thursday - October 11, 2018 - 8:51am
By Ronald Miller, J.D. Kentucky Revised Statute (KRS) 336.700(2), which prohibits employers from conditioning employment on an employee’s agreement to arbitrate any dispute that may arise between them, did not run afoul of the Federal Arbitration Act (FAA), ruled the Kentucky Supreme Court. The state high court first found that, by its express provisions, KRS 336.700(2) ...
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Rehab Act claims of visually impaired employee denied request for meeting materials revived

News Source: Wolters Kluwer
Post Date: Thursday - October 11, 2018 - 8:49am
By Kathleen Kapusta, J.D. A reasonable jury could find a visually impaired employee’s request that materials for on-site meetings be distributed to her in large font, or in advance, was a reasonable accommodation, held the Fifth Circuit, noting that it has explicitly rejected the requirement that in order to constitute a reasonable accommodation, requested modifications must ...
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Kusserow on compliance: OIG report on Medicare payments for clinical diagnostic lab tests

News Source: Wolters Kluwer
Post Date: Thursday - October 11, 2018 - 8:30am
The OIG analyzed claims data for lab tests that CMS paid under Medicare’s Clinical Laboratory Fee Schedule, under Medicare Part B. Effective this year, CMS replaced payment rates with new rates for clinical diagnostic laboratory tests. This was the first reform in three decades to Medicare’s payment system for lab tests. Congress mandated that the ...
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Fired nurse-supervisor advances cat’s paw bias claims based on ageist remarks

News Source: Wolters Kluwer
Post Date: Wednesday - October 10, 2018 - 9:45am
By Joy P. Waltemath, J.D. Although a 54-year-old supervisory nurse was fired at the end of her “introductory period” by the same actor who hired her 90 days earlier, and all the other nurse-supervisors with whom she worked were over 40 years old, her age discrimination and retaliation claims survived summary judgment on the strength of ...
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Worker’s failure to explain medical reason for FMLA leave dooms bias claims

News Source: Wolters Kluwer
Post Date: Wednesday - October 10, 2018 - 9:43am
By Brandi O. Brown, J.D. A winery employee who missed work because of emergency surgery, but who failed to explain his need for leave beyond saying it was “personal,” cannot proceed with his state-law disability discrimination claims against his former employer, a federal district court in California ruled. He presented no evidence raising a genuine dispute ...
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Rural hospitals hit hard by reductions in Medicare disbursements, declining population

News Source: Wolters Kluwer
Post Date: Wednesday - October 10, 2018 - 6:56am
Approximately 3 percent of all rural hospitals closed in the period between 2013 and 2017, which can affect rural residents’ access to health care services. The U.S. Government Accountability Office (GAO) did a study to determine how HHS supports and monitors rural hospitals’ financial viability and rural residents’ access to hospital services. The study also ...
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Primary duty of sales reps was installations, so no ‘outside sales’ exemption from overtime

News Source: Wolters Kluwer
Post Date: Tuesday - October 9, 2018 - 8:49am
By Ronald Miller, J.D. Holding that a reasonable factfinder could find that Territory Sales Representatives (TSRs) for a cable, television, and internet provider spent the majority of their time at work performing non-exempt work (installations), the Second Circuit vacated a district court order concluding that they were “outside salesmen” exempt from the FLSA overtime provision. Reversing ...
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On remand, divided NLRB says strike-related misconduct severe enough to lose NLRA protection

News Source: Wolters Kluwer
Post Date: Tuesday - October 9, 2018 - 8:46am
By Ronald Miller, J.D. On remand from the D.C. Circuit, a divided three-member panel of the NLRB ruled that an employee’s strike-related misconduct was of sufficient severity to lose the protection of the NLRA. The employee was accused of repeatedly cutting off a company truck on a four-lane public highway, with vehicles traveling at speeds of ...
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Chiding that Hispanic worker can’t even speak Spanish didn’t show bias by UPS

News Source: Wolters Kluwer
Post Date: Monday - October 8, 2018 - 9:30am
By Lorene D. Park, J.D. Affirming summary judgment against a Hispanic UPS employee’s Title VII and Section 1981 race-based hostile work environment claim, the Tenth Circuit noted that while a Hispanic supervisor could still be biased against Hispanic individuals, there was no admissible evidence of that here. The supervisor may have called the employee “a kid ...
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New York releases final sexual harassment materials, guidance; training required by October 9

News Source: Wolters Kluwer
Post Date: Monday - October 8, 2018 - 9:27am
Materials and guidance on New York’s sexual harassment prevention laws have now been finalized, according to Governor Andrew M. Cuomo. This follows a public comment period that began August 23, when draft materials and guidance were first published on a new website along with a request for public feedback. The state received and reviewed hundreds ...
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