Earlier this year, the Texas Supreme Court issued an opinion outlining the definition of a "rule." El Paso Hospital Dist. v. HHSC, 247 S.W.2d 709 (Tex. 2008). The Court stated, "a presumption favors adopting rules... through the formal rule-making procedures." This case supports the premise that agency action may be invalidated if it isn't backed by a rule crafted through the formal rule-making process. When an agency fails to follow all of the required rule adoption procedures, because it … [Read more...] about What’s in a Rule?
Introducing GINA New Genetic Information Nondiscrimination Act of 2008
President Bush is expected to sign into law the Genetic Information Nondiscrimination Act (GINA) passed last week by Congress. The new law, which has been debated in Congress for 13 years, adds to current federal anti-discrimination laws (including Title VII) prohibitions on employers and insurance companies using genetic tests showing people are at risk of developing cancer, heart disease or other ailments to reject their job applications, promotions or health care coverage, or in setting … [Read more...] about Introducing GINA New Genetic Information Nondiscrimination Act of 2008
“Alert: New Form I-9 Effective Immediately”
The U.S. Citizenship and Immigration Services (CIS), which enforces federal employment verification requirements, has issued the first updated Form I-9 since 1991. Devised to help employers verify that every new employee is either a U.S. citizen or authorized to work in the U.S., the law requires that the new Form I-9 be used for all individuals hired on or after November 7, 2007. However, CIS also granted a 30-day "transition period" for employers to begin using the new form. That transition … [Read more...] about “Alert: New Form I-9 Effective Immediately”
New EEO-1 Forms and Regulations – September 30th Deadline
The Employer Information Report, commonly known as the EEO-1 Report, has finally gotten a major makeover that affects what information you must collect about your employees and how you collect it. The Equal Employment Opportunity Commission (EEOC) revised the form in response to additions made to racial and ethnic categories collected for the 2000 census and issued final regulations in November 2005. (Federal Register, Vol. 70, No. 227, Monday, November 28, 2005.) Private employers with 100 … [Read more...] about New EEO-1 Forms and Regulations – September 30th Deadline
Pay for Travel Time Under the FLSA comin’-and-goin’
The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay requirements for non-exempt employees. (Non-exempt employees are those who are (a) not paid on a salary basis, and/or (b) not employed in an executive, administrative, professional or outside sales capacity.) The FLSA requires employers to pay non-exempt employees the minimum wage for all hours worked and to pay one and one-half times the regular rate of pay for all hours worked over forty in any work week. … [Read more...] about Pay for Travel Time Under the FLSA comin’-and-goin’
U.S. Supreme Court to Address Companionship Exemption Under FLSA
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
Inch-by-Inch: The Fair Minimum Wage Act passes the House of Representatives
As proposed by the House of Representatives, minimum wage requirements would increase from the current standard of $5.15 to $7.25 in approximately three years. Introduced by Representative George Miller, the Fair Minimum Wage Act passed the House by 315-116 on January 10, 2007, and is expected to affect up to 13 million of America's minimum wage workers. As currently drafted, minimum wages would increase as follows: • 60 days after enactment: The minimum wage will increase from the … [Read more...] about Inch-by-Inch: The Fair Minimum Wage Act passes the House of Representatives
U.S. Supreme Court to Address Companionship Exemption Under FLSA
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
