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News, trends and analysis in employment law, HR, safety & workers' comp

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May 20 2011
Employee BenefitsOregon

OREGON: Adult child health coverage tax-free

If you have employees who cover their non-dependent adult children on your health insurance program, that coverage is now tax-free at the state level, thanks to legislation signed into law on March 9, 2011 (

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May 20 2011
CaliforniaEmployee BenefitsIdaho

IDAHO: Governor bars state agencies from implementing health care reform

Idaho Governor C.L. “Butch” Otter recently issued an executive order prohibiting state agencies from receiving federal funding or otherwise taking steps to implement new programs or rules pursuant to federal healthcare reform law (Executive Order 2001-03, April 20, 2011). It also prohibits state agencies from assisting federal agencies in implementing the law. While the executive…

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May 18 2011
Uncategorized

Supreme Court says arbitration agreement can prohibit class actions

With class action lawsuits grabbing big headlines, employers may have a new option to protect themselves: requiring employees to sign arbitration agreements that prohibit class actions. The U.S. Supreme Court recently upheld an arbitration agreement between AT&T and its cell phone customers, where the agreement said that all disputes would be resolved through arbitration or…

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May 11 2011
Drug and Alcohol

Thirty-days’ clean drug user not protected under ADA

Most employers know that the federal Americans with Disabilities Act (ADA) protects recovered drug addicts, but not current illegal drug users. But what if an employee has only just finished drug rehab and has been “clean” for 30 days? Is the employee a recovered drug addict when they have used illegal drugs that recently? That’s…

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May 04 2011
Employee Benefits

Employer’s wellness program does not violate ADA

Surprisingly, an employer’s wellness program that penalized employees $20 per paycheck if they did not submit to a health questionnaire and biometric screening was not in violation of the federal Americans with Disabilities Act (ADA), according to a recent decision by a federal district court in Florida (Seff v. Broward County, SD Fla, Apr. 2011)….

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May 02 2011
Washington

WASHINGTON: Safety citations will require immediate corrections

Employers generally will be required to promptly correct unsafe conditions even while they are in the process of appealing safety citations, under a new law signed by Governor Gregoire. Currently, the time clock for correcting unsafe conditions doesn’t start ticking until any appeals have worked their way through the system. The new law changes that…

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Apr 27 2011
Immigration

Form I-9 finalized . . . for real this time

Form I-9 changes that they established in an interim final rule that took effect two years ago. The DHS still insists that new hires must show unexpired documents when they are asked to prove their identity and eligibility for employment. Also, they have confirmed that you are still permitted to use the Form I-9 with…

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Apr 25 2011
Uncategorized

Safety: A frightening look at lockout/tagout gone wrong

A recent injury at a Washington food processing plant paints a grave picture of the worst-case scenario when lockout/tagout procedures fail. A factory worker was injured when his clothing got caught in a conveyor and pulled him into hazardous machinery. His co-workers scrambled to find a shut off switch to the machine, but couldnt locate…

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Apr 22 2011
Employee Benefits

Budget bill repeals health reform’s free choice vouchers

H.R. 1473, P.L.  112-10). This provision was set to take effect on January 1, 2014 and was intended to make exchange coverage affordable for employees with low incomes who were not eligible for federal income-based assistance.  It remains to be seen how this development will affect employers’ strategies for addressing health reforms in 2014. Vigilant…

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Apr 22 2011
Employee Benefits

DOL/IRS/HHS issue more health care reform FAQs

Frequently Asked Questions” about the federal health care reform law known as the Affordable Care Act (ACA), focusing on issues of how plans lose grandfathered status. Key points include guidance on the anti-abuse provisions of the grandfathering rules—specifically, what is a “bona fide employment-based reason” for transferring employees from one grandfathered plan to another, such…

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Apr 22 2011
Employee Benefits

Early Retiree Reinsurance Program to stop accepting applications

76 Fed Reg 65, April 5, 2011). Under the program, the federal government has made available $5 billion to reimburse early retiree medical plans for up to 80 percent of claims between $15,000 and $90,000. Based on the rate at which the available funding is being disbursed, the Centers for Medicare and Medicaid Services (CMS)…

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Apr 14 2011
Uncategorized

CEO and Chairman convicted of embezzling employees’ 401(k) funds

In case you had any doubt that the Department of Labor means business when it comes to its enforcement initiative to protect participant contributions to employer-sponsored retirement plans, look no further than our own back yard. In a recent decision, the Ninth Circuit U.S. Court of Appeals affirmed the criminal convictions and $20,000 penalties imposed…

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