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19 Oct 2016, 1:04 pm by Cynthia Marcotte Stamer
ERISA Civil Penalties For Employers, Fiduciaries & Plan Administrators Rose August 1 Employer and other employee benefit plan sponsors, fiduciaries and administrators required by the Department of Labor Employee Benefit Security Administration (EBSA) to pay a civil monetary penalty for a post-November 2, 2015 violation of the employee benefit related obligations of the  Employee Retirement Income Security Act (ERISA) should expect to pay more if EBSA assesses the penalty after… [read post]
5 Aug 2016, 3:14 am
In re Gulf Coast Pharmacy, Inc., Serial No. 86506207 (August 3, 2016) [not precedential).Section 2(a) Deceptiveness: A mark is deceptive if (1) it consists of or contains a term that misdescribes the character, quality, function, composition, or use of the goods; (2) prospective purchasers are likely to believe that the misdescription actually describes the goods; and (3) the misdescription is likely to affect the purchasing decision of a significant portion of relevant… [read post]
1 Jul 2016, 1:49 pm by Cynthia Marcotte Stamer
The fines assessed against Sunfield are one of the largest OSHA penalties ever filed against a company in the automotive parts industry. [read post]
1 Jul 2016, 12:23 pm by Cynthia Marcotte Stamer
Employers, employee benefit plan fiduciaries and others caught violating Federal employment, employee benefit, and a wide range of other laws and regulations ranging from the Fair Labor Standards Act (FLSA) to the Employee Retirement Income Security Act (ERISA),  and many other Federal Labor and employment laws should brace for increased civil penalties and other changes in the calculation of these penalties under interium rules just released by the DOL. [read post]
23 Jun 2016, 10:21 am by Cynthia Marcotte Stamer
A $180,000 wrongful termination settlement that Foothill Packing, Inc. just paid to settle Department of Labor charges illustrates the potential Catch-22 tightrope that employers must walk when choosing between citizens and resident aliens with visas for hiring and firing decisions. [read post]
31 May 2016, 4:05 pm by Cynthia Marcotte Stamer
Self-insured employer or union sponsored health plans (Plans), their fiduciaries, third party administrative or other service providers, and sponsors should consult legal counsel for advice about whether their Plans might violate the Privacy Rule of the Health Insurance Portability & Accountability Act (HIPAA) by disclosing individually identifiable claims or other Plan records or data to a state “all payer” claims or other data base in response to a state law or regulation mandating… [read post]
26 May 2016, 12:05 pm by Cynthia Marcotte Stamer
Health plans and health insurers, health care providers, healthcare clearinghouses (Covered Entities) and their business associates should verify that their copying charges and other policies and practices for responding to requests of individuals for copies and other access to protected health information (PHI) comply with the Privacy and Security Rules (Privacy Rule) of the Health Insurance Portability & Accountability Act of 1996 (HIPAA) as construed in a new Frequently Asked Question (FAQ… [read post]
23 May 2016, 4:04 am by Afro Leo
Kayode & Company (Nigeria)Speakers:Kingsley Ejiofor, The National Agency for Food and Drug Administration and Control (NAFDAC) (Nigeria)William Mansfield, ABRO Industries, Inc. [read post]
6 May 2016, 11:45 am by Cynthia Marcotte Stamer
Stamer’s more than 28 years’ of leading edge work as an practicing attorney, author, lecturer and industry and policy thought leader have resulted in her recognition as a “Top” attorney in employee benefits, labor and employment and health care law. [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
Stamer’s more than 28 years’ of leading edge work as an practicing attorney, author, lecturer and industry and policy thought leader have resulted in her recognition as a “Top” attorney in employee benefits, labor and employment and health care law. [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
Stamer’s more than 28 years’ of leading edge work as an practicing attorney, author, lecturer and industry and policy thought leader have resulted in her recognition as a “Top” attorney in employee benefits, labor and employment and health care law. [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
Health Plans, Sponsors & Business Associates Should Verify Plan’s HIPAA Compliance Employers and other health plan sponsors and the health plan fiduciaries and business associates providing services involving dealings on behalf of the plan with protected health information just received another reminder to confirm and be prepared to prove all required business associate agreements are in place and that the health plans otherwise properly are administering all policies, practices,… [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
Health Plans, Sponsors & Business Associates Should Verify Plan’s HIPAA Compliance Employers and other health plan sponsors and the health plan fiduciaries and business associates providing services involving dealings on behalf of the plan with protected health information just received another reminder to confirm and be prepared to prove all required business associate agreements are in place and that the health plans otherwise properly are administering all policies, practices,… [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
The Department has taken an approach to defining “recommendation” that is consistent with and based upon the approach taken by the Financial Industry Regulatory Authority (FINRA), the independent regulatory authority of the broker-dealer industry, subject to the oversight of the Securities and Exchange Commission (SEC). [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
The Department has taken an approach to defining “recommendation” that is consistent with and based upon the approach taken by the Financial Industry Regulatory Authority (FINRA), the independent regulatory authority of the broker-dealer industry, subject to the oversight of the Securities and Exchange Commission (SEC). [read post]
11 Apr 2016, 10:15 am by Cynthia Marcotte Stamer
Stamer’s more than 28 years’ of leading edge work as an practicing attorney, author, lecturer and industry and policy thought leader have resulted in her recognition as a “Top” attorney in employee benefits, labor and employment and health care law. [read post]
11 Apr 2016, 10:15 am by Cynthia Marcotte Stamer
Stamer’s more than 28 years’ of leading edge work as an practicing attorney, author, lecturer and industry and policy thought leader have resulted in her recognition as a “Top” attorney in employee benefits, labor and employment and health care law. [read post]
30 Mar 2016, 10:08 am by Cynthia Marcotte Stamer
  As part of this aggressive public relations outreach, OIG has posted a u-Tube video, Eye On Oversight: Childcare Safety Lapses and is conducting an aggressive public relations outreach to expand awareness of its concerns about the childcare industry and its calls for tighter regulation. [read post]
30 Mar 2016, 10:08 am by Cynthia Marcotte Stamer
  As part of this aggressive public relations outreach, OIG has posted a u-Tube video, Eye On Oversight: Childcare Safety Lapses and is conducting an aggressive public relations outreach to expand awareness of its concerns about the childcare industry and its calls for tighter regulation. [read post]