In mid-2004, the United States Court of Appeals for the Second Circuit became the first federal appellate court holding that the companionship services exemption under the federal Fair Labor Standards Act (“FLSAâ€) could not be used by home health agencies to avoid paying its home care attendants minimum wage and overtime pay. (Coke v Long Island Care at Home, Ltd., 376 F3d 118 (2d Cir 2004)). Citing a 2005 Wage and Hour Advisory Memorandum issued by the Department of Labor (DOL), the US … [Read more...] about U.S. Supreme Court to Address Companionship Exemption Under FLSA
Waiting for New FMLA Rules? DOL Wants Your Input by Feb. 2, 2007
The Department of Labor (DOL) has been promising new Family and Medical Leave Act (FMLA) rules since 2002. In each subsequent Agenda published by the DOL, it promised that amendments would be out “soon.†Finally, the DOL announced in the December 1, 2006 Federal Register [http://www.dol.gov/esa/whd/FMLARequestForInformation.pdf] that it wants your comments on the FMLA. All comments are due by February 2, 2007. The DOL has long been aware that employers struggle under the burdens of the … [Read more...] about Waiting for New FMLA Rules? DOL Wants Your Input by Feb. 2, 2007
Private Lawsuits Under the False Claims Act
The recent decision in United States v. Regence Blue Cross (10th Cir 12/05/2006) illustrates the power of qui tam, or private, civil lawsuits under the False Claims Act (FCA). Under the FCA, an action can be commenced either by the United States itself, or as a “qui tam†action, by a private person acting “for the United States Government†against providers “in the name of the Government.†The false claim may take many forms: overcharging for a product, failing to perform a service, … [Read more...] about Private Lawsuits Under the False Claims Act
Fifth Circuit: No Private Cause of Action for HIPAA Violations
While HIPAA protects the health information of individuals, it does not create a private cause of action for those aggrieved (65 Fed. Reg. 82566).  This is made abundantly clear from the commentary to the regulations and HIPAA’s legislative history. And while many federal district courts have dismissed individual plaintiffs’ lawsuits under this rule, the Fifth Circuit, in the case of Acara v. Banks (5th Cir. Nov.13, 2006), has become the first federal appellate court to affirm the ruling. … [Read more...] about Fifth Circuit: No Private Cause of Action for HIPAA Violations
Whistleblower Actions Under the Federal False Claims Act
Go the federal Department of Justice website (www.usdoj.gov), and you can read how the largest health care system and second largest employer in New Jersey agreed to pay $265 million to resolve a qui tam lawsuit’s allegations in of defrauding Medicare. Click here for the web page. The agreement could also mean huge rewards for the three whistleblowers who started the whole thing. As part of the settlement, St. Barnabas Care System entered into a corporate compliance agreement with the … [Read more...] about Whistleblower Actions Under the Federal False Claims Act
New Posters for USERRA and Workers’ Compensation
It is time to update your mandated notices by adding the newly revised USERRA and Workers' Compensation posters. (Text from the interim notice that employers were required to post in March 2005 was temporary.) First, the U.S. Department of Labor (DOL) posted its final regulations for the Uniformed Services Employment and Reemployment Rights Act (USERRA) in December 2005. The new regulations include a few minor changes to the text of the required notice to employees, effective January 18, … [Read more...] about New Posters for USERRA and Workers’ Compensation
DOJ Launches New Website Regarding Employment, Voting and Financial Security Rights of Veterans and Members of Armed Services.
Attorney General Alberto R. Gonzales proclaimed: "Every day, men and women of our nation's armed forces put their lives on the line to protect the freedoms we enjoy, and it is our responsibility to ensure that their rights are protected in return." The new Web site, located by clicking here, is a partnership between the Justice Department and other federal agencies that oversee these protections. The new website consolidates notices and information on several laws, including the Uniformed … [Read more...] about DOJ Launches New Website Regarding Employment, Voting and Financial Security Rights of Veterans and Members of Armed Services.
Avoiding Strict Liability for OSHA Violations
Need another reason to review your safety programs for Occupational Safety and Health Act (OSHA) compliance? A recent Fifth Circuit ruling protects an employer from strict liability for "willful" violations, even though the employer's own supervisor violates company safety rules. OSHA "establishes a comprehensive regulatory scheme designed ‘to assure so far as possible . . . safe and healthful working conditions' for ‘every working man and woman in the Nation.'" Martin v. OSHRC, 499 U.S. … [Read more...] about Avoiding Strict Liability for OSHA Violations
New EEOC Publication on Deafness and Hearing Impairments
July 26, the Equal Employment Opportunity Commission (EEOC) issued a new Q&A on the application of the Americans with Disabilities Act (ADA) to workers who have hearing impairments or are deaf. Topics addressed in the document include: • When a hearing loss is a disability under the ADA; • When an employer may ask an applicant or employee about a hearing impairment and what it should do if an applicant voluntarily discloses the impairment; • Voluntarily discloses the impairment; • What … [Read more...] about New EEOC Publication on Deafness and Hearing Impairments
DHS Announces New Initiative on Immigration Law Compliance
On July 26, the Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) announced a new initiative and best business practices to help employers ensure they are hiring a legal workforce through voluntary partnerships with the government. Called the ICE Mutual Agreement between Government and Employers (IMAGE), the program is designed to build cooperative relationships between government and businesses to reinforce hiring practices and reduce the unlawful employment of … [Read more...] about DHS Announces New Initiative on Immigration Law Compliance
