EEOC CHALLENGES WELLNESS PROGRAM UNDER ADA

August 21, 2014

The U.S. Equal Employment Opportunity Commission (EEOC) has charged in a lawsuit that Manitowoc, Wisconsin-based Orion Energy Systems violated federal law by requiring an employee to submit to medical exams and inquiries that were not job-related and consistent with business necessity as part of a wellness program, which was not voluntary, and then by firing the employee when she objected to the program. Read the rest of this entry »


CALIFORNIA ALIGNS WAITING PERIODS WITH FEDERAL LAW

August 19, 2014

California Governor Jerry Brown has signed into law legislation to align the state’s health coverage waiting period requirements with federal law.  Earlier legislation, effective January 1, 2014, limited waiting periods to 60 days.
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3RD CIRCUIT SAYS U.S. MAIL MAY NOT BE ADEQUATE FOR FMLA NOTICES

August 16, 2014

The United States Court of Appeals for the Third Circuit has ruled that relying on the post office to deliver a letter may not be adequate.  The 3rd Circuit said that in this age of computerized communications, it is not expecting too much to require businesses that wish to avoid a material dispute about the receipt of a letter to use some form of mailing that includes verifiable receipt when mailing something as important as a legally mandated notice. Read the rest of this entry »


AFFORDABLE CARE ACT WITHSTANDS A CONSTITUTIONAL CHALLENGE

August 12, 2014

The United States Court of Appeals for the District of Columbia Circuit has decided that the Affordable Care Act’s mandate to purchase health insurance or pay a penalty is not primarily about raising revenue and therefore the legislation did not have to originate in the House of Representatives.  The circuit court ruled that the Affordable Care Act (ACA) does not violate the Origination Clause of the Constitution based on Supreme Court precedents. Read the rest of this entry »


CARDIAC SCIENCE CORPORATION TO PAY $50,000 TO SETTLE EEOC SUIT

August 11, 2014

Cardiac Science Corporation, an international manufacturer of diagnostic and therapeutic cardiology products based in Waukesha, Wis., will pay $50,000 and furnish other relief under a consent decree entered by a federal court in a retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).  This case involved both Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). Read the rest of this entry »


SOCIAL SECURITY DISABILITY INSURANCE FUND WILL BE DEPLETED IN 2016

August 8, 2014

The Social Security Board of Trustees has released its annual report on the long-term financial status of the Social Security Trust Funds.  The Disability Insurance (DI) Trust Fund will become depleted in 2016, unchanged from last year’s estimate, with 81 percent of benefits still payable after that date. Read the rest of this entry »


HOSPITAL TO PAY $150,000 TO SETTLE DATA BREACH ALLEGATIONS

August 7, 2014

Women & Infants Hospital of Rhode Island (WIH) has agreed to pay $150,000 to resolve allegations that it failed to protect the personal information and protected health information of more than 12,000 patients in Massachusetts, Attorney General (AG) Martha Coakley has announced.  Under the Health Information Technology for Economic and Clinical Health (HITECH) Act, state attorneys general can bring suits to enforce the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA). Read the rest of this entry »


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