Labor & Employment Law | JD Supra Legal News, Updates, Analysis, & Information

Partner May State FEHA Claim Against Partnership For Retaliation For Opposing Sexual Harassment Of An Employee Of The Partnership

by Kronick, Moskovitz, Tiedemann & Girard on 5/22/2012

A California Court of Appeal recently held that the California Fair Employment and Housing Act (“FEHA”) supports a partner’s claim for retaliation against her partnership for opposing sexual harassment of an employee of the...more

Health Care Reform: Additional Guidance on the Summary of Benefits and Coverage

by Proskauer Rose LLP on 5/21/2012

The Departments of Labor, Health and Human Services and Treasury (the "Departments") recently released the ninth in their series of answers to frequently asked questions on implementation issues associated with the Affordable...more

MLA's Weekly Health Care Wrap-Up -- May 18, 2012

by McKenna Long & Aldridge LLP on 5/21/2012

In This Issue: Federal Update -- HHS Releases Additional Exchange Guidance, Funding, Senate Budget Debate Going Nowhere…, …As the Upper Chamber Readies for User Fee Debate, Baucus Officially Weighs in on Tavenner...more

Self-Insured and Insured Medical Plans, Including Stand-Alone Retiree Plans and HRAs, Are Subject to $1 Fee per Covered...

by Davis Wright Tremaine LLP on 5/21/2012

The IRS recently issued a proposed regulation explaining a new fee imposed by the Patient Protection and Affordable Care Act (PPACA). For calendar year plans, the fee begins this calendar year and remains in effect through...more

Personal Attendant Who Cared For Elderly Person Was Exempt From Overtime

by Proskauer - California Employment Law on 5/21/2012

Joy Cash, who is not a licensed or trained nurse, cared for Iola Winn, who is in her 90's, in Winn's home. After she left her employment, Cash sued Winn for failure to pay her overtime wages. Winn claimed that Cash was a...more

The ERISA Litigation Newsletter - May 2012

by Proskauer Rose LLP on 5/17/2012

In This Issue: - Editor’s Overview ...1 - Health Care Reform Remains Alive and Well as DOL Enforces ACA through Plan Audits ...2 - Class Warfare — ERISA Class Litigation in Light of Wal-Mart v....more

Baker & McKenzie: Pharmaceuticals & Healthcare Asia Pacific Newsletter - 1st Quarter 2012

by Baker & McKenzie Australia on 5/16/2012

Four Rules for Interacting with Healthcare Professionals in the Asia Pacific Facing legal sanctions and cultural gaffes is a reality when dealing with healthcare professionals in the Asia Pacific. In this...more

Brinker's Unique Impact on the Health Care Industry

by Sheppard Mullin Richter & Hampton LLP on 5/16/2012

Originally Published in the Daily Journal, May 10, 2012. Much has been written about the Supreme Court’s recent holding in Brinker Restaurant Corp. V. Superior Court and its impact on meal and rest period rules....more

Legal Alert: COBRA Audits Updated

by Ford & Harrison LLP on 5/16/2012

Executive Summary: The IRS recently issued revised guidelines for field agents who are conducting reviews of employers' COBRA compliance. Under the new guidelines, the IRS requires that any COBRA audit should at least...more

New Guidance on Summaries of Benefits and Coverage

by Ballard Spahr LLP on 5/16/2012

The U.S. Department of Labor (DOL) has issued additional guidance on the summaries of benefits and coverage (SBCs) that the Affordable Care Act will require many health plan sponsors to distribute as early as this...more

Healthcare Legal News - May 16, 2012 • Volume 2, Number 4

by Dickinson Wright on 5/16/2012

In this issue: - Private Civil Enforcement Actions Increasing: The Ameritox vs. Millennium Lawsuit By L. Pahl Zinn, and Christian G. Ohanian As healthcare and antitrust enforcement by governmental agencies...more

Department of Labor's OFCCP Postpones TRICARE Network Provider Compliance Reviews

by Bracewell & Giuliani LLP on 5/16/2012

The U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP), the federal agency tasked with enforcing the affirmative action requirements of Executive Order 11246 and related federal statutes, is...more

Is a Simple Cafeteria Plan Right for You?

by McKenna Long & Aldridge LLP on 5/16/2012

This is part of our series of alerts intended to help guide employers and plan sponsors through their new obligations under the health care reform laws and related guidance. You may have heard that you can establish a...more

Seventh Circuit Holds Pharmaceutical Sales Reps Administratively Exempt – Broadly Interprets Discretion And Independent Judgment

by Proskauer - Class & Collective Actions on 5/16/2012

Applying a broad interpretation to the Administrative exemption under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 213(a)(1), the United States Court of Appeals for the Seventh Circuit held, Tuesday, that pharmaceutical...more

Your Company’s Wellness Program Could Be In Violation Of GINA

by Miller Canfield on 5/15/2012

Does Your Company’s Wellness Program Violate GINA? The Genetic Information Non-Discrimination Act (GINA) expressly prohibits covered employers and health plan sponsors from asking an employee to provide genetic...more

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Labor & Employment Law – May 23, 2012

Narrowed by: Health Law