News & Analysis as of

Are you complying with your reporting and notification obligations for unclaimed wages?

As employers, you have so many reporting requirements I know the last thing you want to hear is that there’s another one you may need to factor in. But, as lawyers it’s our job to sometimes be the bearer of bad...more

New York's Fair Play Act Changes Rules of the Road for the Commercial Goods Transportation Industry

The New York State Commercial Goods Transportation Industry Fair Play Act, which takes effect March 11, 2014, will change the commercial delivery landscape in New York by making it harder for companies to treat its drivers as...more

Improve Compliance Of Retirement And Group Health Plans In 2014

Retirement plan fiduciaries should consider the following best practices to improve their plan’s governance in 2014: (i) if fiduciary duties have been delegated, make certain that the delegations are in writing and are being...more

New Laws and New Year Compliance Obligations in New York & New Jersey

Happy New Year! As you move past the holidays and focus on 2014, we would like to take this opportunity to remind you of the new laws taking effect at the beginning of this year and your annual beginning of the year...more

2014 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To...more

Gender Equity Notice Must Be Posted By Covered New Jersey Employers By January 6, 2014

Federal and State Law prohibit discrimination in pay, compensation, benefits, or other terms, conditions or privileges of employment based on one’s sex. See Title VII of the Civil Rights Act, the Equal Pay Act of 1963 and...more

Publication of New Jersey Gender Equity Notice Triggers Obligations

On January 6, New Jersey employers must begin complying with new posting and notice requirements under the New Jersey Equal Pay Act. On December 11, the New Jersey Department of Labor and Workforce Development (NJDOL)...more

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the...more

The Challenges of Compliance

Compliance, like many other aspects of the business world, is a balance of risks. Unfortunately, it often takes an organization being rebuked in some fashion before it realizes the importance of failure to be in compliance. ...more

Advertising Accountability Program Issues First Set of Compliance Warnings for Violations of Enhanced Notice Internet Rules

Signaling its intent to enforce industry-established guidelines relating to behavioral advertising, the Better Business Bureau's Online Interest-Based Advertising Accountability Program announced the issuance of a compliance...more

Privacy Monday – September 16, 2013

Dis-Like! Senator Markey Urges the FTC to Investigate Facebook’s New Policies - As we previously reported, Facebook has proposed a number of revisions to its Data Use Policy and Statement of Rights and...more

Not Everything in Health Reform is Delayed: Employers Must Send Notices to Employees by October 1

By October 1, 2013, employers must notify their current employees, in writing, about their health insurance options under the new Health Exchanges in 2014. The notice requirement applies to all employers subject to the...more

The Modern Workplace: Focus on Benefits

Health Exchange Notice Due to Employees by October 1 - We all breathed a huge sigh of relief when the Obama Administration announced that the employer mandate under health care reform would be postponed until 2015. ...more

Countdown to HITECH Compliance: How to Redistribute Your Notice of Privacy Practices

September 23, 2013 is the fast-approaching compliance deadline for the final omnibus HIPAA/HITECH rules. Many provisions required revisions to Notices of Privacy Practices (NPPs) maintained and distributed by covered...more

Affordable Care Act Requires Employers To Provide Health Insurance Exchange Notices By October 1, 2013

Last month, the Obama Administration made the decision to delay penalties under the Employer Shared Responsibility Mandate of the Affordable Care Act (ACA) until 2015. However, it did not delay an employer's obligation to...more

Complying with the Affordable Care Act’s Exchange Notice Requirement

The Patient Protection and Affordable Care Act (the “Act”) amends the Fair Labor Standards Act (“FLSA”) to require employers of all sizes to provide their employees a notice of the availability of coverage through public...more

The Road Map to HIPAA Compliance: What Your Nonprofit Needs to Know

In this presentation: - Overview of HIPAA - Privacy Rule - Notice of Breach - Security Rule - Business Associates & Business Associate Agreements - Notice of Privacy...more

DOL Guidance on Notice of Exchange Options

New notice describing availability of Exchange coverage must be provided by October 1, 2013. ...more

Act Now Advisory: Important Affordable Care Act Deadline: Employee Notices of the Health Insurance Marketplace (Exchange) Due by...

On May 8, 2013, the Employee Benefits Security Administration of the U.S. Department of Labor ("DOL") issued Technical Release No. 2013-02 ("Release") providing important guidance under the Patient Protection and Affordable...more

HIPAA Task Force – May 2013

In this issue: - What Your Business Needs To Do About Hipaa — Now - Action Items for Covered Entities and Business Associates (including Subcontractors) - Changes Impacting Business Associates (including...more

Virginia Financial Institutions - April 2013

In This Issue: - Virginia General Assembly Concludes 2013 Session – Highlights and Considerations for Financial Institutions - Cyber Fraud: Lawsuit by Local Community Bank Demonstrates Need for Vigilance...more

Monitoring Of Third-Party Agents And Distributors

Try to imagine what DaVinci said to himself when he painted his last brush stroke on the Mona Lisa. Or consider what Tolstoy muttered to himself when he put down his pen after writing the last word of War and Peace....more

Highlights of the Omnibus HIPAA/HITECH Final Rule

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

Employer Compliance in 2013 under the Affordable Care Act

Having survived the election and a Supreme Court challenge (for the most part), the Affordable Care Act (ACA) is here to stay. Employers should evaluate the requirements under ACA that apply to their group health plans for...more

HIPAA Alert: Action Steps To Reach Compliance

As discussed in two prior HIPAA alerts, a final, 563-page Omnibus HIPAA Rule was released by the Department of Health and Human Services Office of Civil Rights to strengthen HIPAA’s security and privacy protections. The final...more

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