Read Administrative Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Medicaid Receiving Startlingly Little Attention As Everyone Discusses Medicare
Obama Administration Calls for Free Access to Federally Funded Research
Can Virginia Block Non-Residents from FOIA Requests? Supreme Court Hears Oral Arguments
Should Wall Street Fear Mary Jo White?
Looking Ahead to Washington State’s Legalized Marijuana Marketplace
Congressman: My Plan Would Reduce Student Loan Defaults: Video
Local Governments Continue to Fight States for Right to Govern Fracking
Tax Questions to Ask Yourself with the End of 2012 and the Fiscal Cliff Approaching
Obama Blocks Chinese-Owned Wind Project Out of Concerns for National Security
Crystal Ball Perspective: Will Healthcare Reform be Repealed if Romney Wins the Presidential Election?
Stewart Baker, Former GC of NSA, on Why the Cybersecurity Act Failed & Threat of Tomorrow’s Terrorism
Not Prepared for Healthcare Reform? Three things employers need to focus on now.
Who pays for road damage in Pennsylvania after ACT 13?
Smartphone Data Solution: Sharing Airwaves
The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Marcellus gas fuels Natural Gas Vehicles
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
NLRB Posting Rule Delayed Again, Will We Ever See Resolution?—McKenna Long's Seth Borden
Is there a way to safely use social media in the interview process?
A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more
Five federal agencies have collectively proposed regulations to implement elements of the Affordable Care Act ("ACA") healthcare reform legislation designed to encourage employers to sponsor employee wellness programs. The...more
The world did not end last week, and so it is that time again to reflect on the year behind us and to consider what is on the horizon for the upcoming year. What resolutions will we make for 2013? Will we train for an Iron...more
On November 20, 2012, the IRS, DOL and HHS jointly issued proposed regulations under the Affordable Care Act building on existing HIPAA regulations of wellness programs. The new proposed regulations provide clearer guidance...more
Employee Fired Because of Her Disability, Agency Charges -
HENDERSON, N.C. - Britthaven, Inc. and its successor, Principle Long Term, Inc., operators of a nursing and rehabilitation center in Henderson, N.C.,...more
Updated audit protocols from the Department of Labor's Employee Benefits Security Administration (EBSA) include a review for compliance with the Affordable Care Act (ACA), the Genetic Information Nondiscrimination Act (GINA)...more
The HHS Office of Civil Rights (OCR) recently released guidance intended to assist covered entities in understanding what de-identification is, the general process by which de-identified information can be created, and the...more
On November 20, 2012, the federal government released a number of important proposed rules implementing the Affordable Care Act (ACA). An earlier update from Akerman's Healthcare Practice Group focused on the proposed...more
On November 26th, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) released guidance on the methods that covered entities and business associates can use to de-identify protected health...more
The Departments of Treasury, Labor, and Health and Human Services have issued a revised set of proposed regulations for nondiscrimination in wellness programs. The regulations prohibit a wellness program offered as part of a...more
The Department of Health and Human Services Office for Civil Rights released its long-awaited guidance regarding the de-identification of protected health information in compliance with the Health Insurance Portability and...more
Laws Providing Leaves of Absence -
Family and Medical Leave Act (FMLA) -
The FMLA, as relevant here, requires covered employers to provide eligible employees up to 12 weeks of unpaid leave due to a serious...more
There are risks and benefits to workplace wellness programs.
Are employers who eliminate junk food from the break room, offer classes on how to quit smoking, and dispense free flu shots doing enough to combat rising...more
In This Issue:
- NLRB Continues To Set Sights On Healthcare Employers By Jim Kurek (Cleveland):
The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare...more
Today, most healthcare employers are sensitive to issues of workplace harassment, although the focus of that sensitivity is usually upon issues involving co-worker to co-worker and supervisor to subordinate conduct. It is...more
Putting an end to the abuse of Nicotine, thriving across Punjab and Haryana in the name of serving Hookah/ Sheesha/ Water-Pipe, the Punjab and Haryana High court has ordered closure of all such outlets besides creation of a...more
The U.S. Department of Labor’s Administrative Review Board has rejected the attempt by the Office of Federal Contract Compliance Programs (OFCCP) to subject health care providers to federal affirmative action requirements....more
The Office of Federal Contract Compliance Programs (OFCCP) lacks jurisdiction over a hospital that is a TRICARE health services provider in light of the National Defense Authorization Act (NDAA), the Department of Labor’s...more
On August 20, 2012, the Eleventh Circuit held in Seff v. Broward County, Florida that the ADA’s safe harbor provision allows employers to deduct a fee from the paychecks of employees who choose not to participate in a...more
For nearly four years, the Office of Federal Contract Compliance Programs (OFCCP) has been tenaciously pursuing jurisdiction over healthcare providers based on the theory that providers participating in, and receiving more...more
It’s no secret employers want to keep health care costs at manageable levels. In recent years, many employers have incorporated wellness programs into their employee insurance plans as a way to do just that. Examples of...more
In This Presentation:
• Interactive Process
• Return to Work
• Medical Marijuana
- Excerpt from ADA - Reassignment:
• Reasonable accommodation includes “reassignment to a...more
An employer's wellness program—despite certain "penalty" provisions—was recently held not discriminatory under the Americans with Disabilities Act ("ADA") by the U.S. Court of Appeals for the Eleventh Circuit in Seff v....more
On September 18, 2012 the Alberta Court of Appeal released a decision in the companion cases of Wright v. CARNA and Helmer v. CARNA. This decision will be of interest to regulators. It is one of the first Canadian court...more
The 11th Circuit’s decision in the employee class action suit of Seff v. Broward County provides some comfort to employers who incentivize employees to participate in common wellness plan tools, such as biometric screening or...more
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