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Capital Wrap-Up April 2014 #1

In response to the recommendations made by the Governor’s Task Force on Child Protection, six child protection bills made it to the Governor’s desk this week. Two of those bills have been signed....more

Court of Appeals Issues Decision Regarding Vesting of School District Retiree Health Insurance Benefits

On December 12, 2013, the New York Court of Appeals issued a decision in Kolbe v. Tibbetts, in which the Court addressed whether the Newfane Central School District could unilaterally alter the health insurance benefits of...more

The Affordable Care Act’s Employer Mandate: Guidance for Educational Organizations

The U.S. Department of Treasury recently issued final regulations regarding the Affordable Care Act’s employer shared responsibility provisions under Internal Revenue Code (“Code”) Section 4980H, sometimes referred to as the...more

NLRB Rules Hospital's Resident Physicians Are Employees and Can Unionize

Whether an individual is an “employee” entitled to all the protections of the National Labor Relations Act (NLRA), or a “student” who has no such rights, has been a recurring and hotly contested issue before the National...more

IRS Issues Final Affordable Care Act “Pay Or Play” Regulations

On Monday, the IRS issued final regulations regarding the implementation of the employer shared responsibility provisions under the Affordable Care Act (the ACA), otherwise known as the “pay or play” rules. The final...more

Employer “Pay or Play” Mandate Final Regulations Issued—Major Impact on Educational Institutions

Like all other employers across the country, educational institutions have been awaiting final rules to determine their compliance strategy for the Affordable Care Act’s Employer Shared Responsibility provisions (better known...more

Labor & Employment E-Note - February 14, 2014

In This Issue: - High Court Rules Steel Workers Need Not be Paid for Changing Clothes - NLRB Proposes Rules to Streamline Unionization Voting Process - Obama Administration Delays Another Health Insurance...more

New IRS Guidance For Calculation Of Hours Worked By Adjunct Faculty And Student Employees Under The Affordable Care Act

This week, the Internal Revenue Service released new regulations that provide guidance to college and university administrators that helps to clarify the application of the Affordable Care Act (“Act”) to adjunct faculty and...more

Health Care Reform: Seventh Circuit Rejects Notre Dame’s Request For Injunction Against ACA Contraception Mandate While Supreme...

A three-judge panel on the Seventh Circuit Court of Appeals rejected the University of Notre Dame’s request for a preliminary injunction that would permit the university to avoid complying with the ACA‘s contraception mandate...more

Massachusetts Attorney General Releases Charity CEO Compensation Report

On December 19, the Non-Profit Organizations/Public Charities Division of the Massachusetts Office of the Attorney General released the results of a “focused review” of CEO compensation at 25 of the Commonwealth’s largest...more

Recent Cases of Interest to Regulators

Off Duty Conduct - Fountain v. British Columbia College of Teachers, 2013 BCSC 773 (British Columbia Supreme Court) - Fountain, a teacher, fired a shot from a rifle over the heads of his sons in the aftermath of...more

Supreme Court Declines to Hear Liberty University’s Challenge to Affordable Care Act Suit

As reported by multiple sources on Monday, the U.S. Supreme Court declined to wade into the constitutionality of the Affordable Care Act’s (ACA) employer mandate. Liberty University, a Christian university in in Lynchburg,...more

ACA Not Enough to Save Penn State’s Employee Wellness Program

Recent negative media reports caused Pennsylvania State University to modify its employee wellness program, making clear that considering compliance with the Patient Protection and Affordable Care Act of 2010 (ACA) alone is...more

8 Tips To Help Health Care Providers Minimize Possible Wage Liability For Student Interns

As good corporate citizens, medical facilities help educate the next generation of health care workers by permitting students hands-on training through clinicals or rotations. Nevertheless, some students claim this training...more

California Supreme Court Rules That Trained School Personnel May Administer Insulin To Diabetic Students

The California Supreme Court ruled Monday in American Nurses Association v. Torlakson (--- P.3d ----, Cal., August 12, 2013), that California law permits school personnel who are not licensed health care providers to...more

Paying for Family Vacations With NIH Funds Triggers FCA Lawsuit and Settlement

Northwestern University will pay $2.93 million to settle a federal False Claims Act (FCA) lawsuit brought by a former employee who alleged Northwestern allowed a researcher to submit false claims under certain cancer research...more

California Supreme Court Rules That School Employees Can Administer Insulin Shots

On August 12, 2013, the California Supreme Court ruled that school employees can administer insulin shots to diabetic students when a nurse is not available....more

Religious Institutions: June 2013

Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more

Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To...

On March 30, 2013, the U.S. District Court for the District of Columbia issued a decision imposing certain socio-economic contract requirements on subcontractors operating hospitals associated with the University of...more

Alabama Legislative Update – Week 5: "Right to Work" Amendment Passed

In the wake of the controversy surrounding the passage of the Alabama Accountability Act, the legislative process slowed considerably in the State House. However, there was some movement on a few significant pieces of...more

University of Maryland Faculty Physicians, Inc. Will Pay $92,500 to Settle EEOC Disability Lawsuit

Medical Practice Fired Employee Because of Her Crohn's Disease, Federal Agency Charged - BALTIMORE - University of Maryland Faculty Physicians, Inc. will pay $92,500 and furnish other relief to settle a disability...more

Proposed Rules Issued On Contraceptive Coverage

The Affordable Care Act requires most health plans to cover certain women’s preventive services, including contraception, without charging a co-pay or deductible. On January 30, 2013, the Obama Administration released...more

Under the Dome: Inside the Maine State House Special Edition - Final Issue: 2012 Summary of New Maine Laws

We are pleased to share our Final Issue of the 2012 Summary of New Maine Laws in this special edition of Under the Dome: Inside the Maine State House. You may recall that we sent you a preliminary version of our 2012...more

Recent Developments for Exempt Organizations, Including 2011 Year in Review

Dow at 13,000 Edition It is with a profound sense of tradition that we assemble and distribute a 2011 “Year in Review” in March, 2012, instead of simply tweeting what IRS Commissioner Shulman had for breakfast this...more

Payment Matters: CMS Instructs Teaching Hospitals on Reporting FICA Tax Refunds for Medical Residents

On March 10, 2010, the IRS determined that medical residents are exempt from FICA taxes based on the student exception, for tax periods ending before April 1, 2005. Although the refunds apply to tax periods ending before...more

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