DOL Issues New Sick Leave Rules for Federal Contractors

in Wages, Welfare Benefits

On September 30, 2016, the United States Department of Labor, implementing Executive Order 13706, published its final rule establishing paid sick leave requirements for certain federal contractors. The final rule will apply to all employers with covered federal contracts that result from solicitations issued on or after January 1, 2017, that are awarded outside the solicitation process on or after January 1, 2017, or that are renewed, extended, or amended on or after January 1, 2017 as a...Continue Reading

California Prohibits Employers from Requiring Out-of-State Litigation and Arbitration

in Employment Laws, Welfare Benefits

On September 25, 2016, Governor Jerry Brown of California signed into law a new state statute that, in most instances, prohibits agreements requiring California-based employees to litigate or arbitrate their California-based employment-related claims in other states. The new statute, which will apply to contracts entered into, modified, or extended on or after January 1, 2017, applies generally to agreements with employees who primarily reside or work in California.  Please see our Legal...Continue Reading

The Latest Win for Wellness Programs May Be More of a Win for the EEOC

in Health Benefits, Wellness Programs

Although the U.S. District Court for the Eastern District of Wisconsin held that the employer wellness program at issue in EEOC v. Orion Energy Systems did not violate the ADA, the EEOC may find much it likes in this court’s rationale.  The Americans with Disabilities Act (ADA) prohibits employers from requiring employees to undergo medical examinations or answer disability-related questions, but provides certain exceptions that relate to benefit plans or wellness programs.  There have...Continue Reading

Now is a Good Time to Review Your HIPAA Policies

in HIPAA Privacy & Security

The HHS Office for Civil Rights (OCR) has announced it is increasing its investigations of breaches of unsecured protected health information (PHI) affecting fewer than 500 individuals. As a reminder, the HIPAA Breach Notification Rule requires breaches of unsecured PHI to be reported; breaches involving fewer than 500 participants must be reported to the Secretary of HHS annually.  Information regarding the reporting requirement is available here.

In determining which smaller breaches to...Continue Reading

Largest Health and Human Services HIPAA Settlement Wake-Up Call for Covered Entities

in Welfare Benefits

Breaking News: Yesterday, the U.S. Department of Health and Human Services, Office of Civil Rights (OCR) announced the largest settlement in history involving a single entity responsible for several potential HIPAA violations.  If you are interested in learning more about this settlement, please click here and read this legal alert.