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19 Oct 2015, 8:46 pm by Cynthia Marcotte Stamer
Ranching businesses that employ foreign workers with H-2A VISAs to herd sheep, goats, cattle or other range livestock (“Herders”) should begin preparing to comply with significant changes in the Labor Department regulations governing the recruitment and employment of Herders made in the new Labor Department Final Regulation on Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range (Final Rule). [read post]
28 Sep 2015, 2:10 pm by Cynthia Marcotte Stamer
  Steps advisable as part of this process include, but are not necessarily limited to: Audit of each position current classified as exempt to assess its continued sustainability and to develop documentation justifying that characterization; Audit characterization of workers obtained from staffing, employee leasing, independent contractor and other arrangements and implement contractual and other oversight arrangements to minimize risks that these relationships could create if… [read post]
28 Sep 2015, 6:00 am by David Kris
  Developing such international agreements will be challenging, but the alternative is an increasingly chaotic and dysfunctional system for cross-border data requests that benefits no one. [read post]
15 Sep 2015, 5:37 am by Cynthia Marcotte Stamer
Well known for her extensive work with health care, insurance and other highly regulated entities on corporate compliance, internal controls and risk management, her clients range from highly regulated entities like employers, contractors and their employee benefit plans, their sponsors, management, administrators, insurers, fiduciaries and advisors, technology and data service providers, health care, managed care and insurance, financial services, government contractors and government entities, as… [read post]
15 Sep 2015, 4:42 am by Cynthia Marcotte Stamer
Well known for her extensive work with health care, insurance and other highly regulated entities on corporate compliance, internal controls and risk management, her clients range from highly regulated entities like employers, contractors and their employee benefit plans, their sponsors, management, administrators, insurers, fiduciaries and advisors, technology and data service providers, health care, managed care and insurance, financial services, government contractors and government entities, as… [read post]
21 Aug 2015, 6:07 pm by Cynthia Marcotte Stamer
  While sponsoring businesses inevitably will need to involve or coordinate with their accounting, broker, and other vendors involved with the plans, businesses generally will want to get legal advice in a manner that preserves their potential to claim attorney-client privilege to protect against discovery in the event of future enforcement or litigation actions sensitive discussions and analysis about compliance audits, plan design choices, and other risk management and… [read post]
21 Aug 2015, 11:24 am by Cynthia Marcotte Stamer
While businesses inevitably will need to involve or coordinate with their accounting, broker, and other vendors involved with the plans, businesses generally will want to get legal advice in a manner that preserves their potential to claim attorney-client privilege to protect against discovery in the event of future enforcement or litigation actions sensitive discussions and analysis about compliance audits, plan design choices, and other risk management and liability planning as… [read post]
20 Aug 2015, 11:17 am
(This was before the “intelligible principle” formulation had been developed, but recall the language in Wayman v. [read post]
11 Aug 2015, 2:29 pm by Cynthia Marcotte Stamer
Well known for her extensive work with health care, insurance and other highly regulated entities on corporate compliance, internal controls and risk management, her clients range from highly regulated entities like employers, contractors and their employee benefit plans, their sponsors, management, administrators, insurers, fiduciaries and advisors, technology and data service providers, health care, managed care and insurance, financial services, government contractors and government entities, as… [read post]
3 Aug 2015, 12:07 pm by Cynthia Marcotte Stamer
Employer and other sponsors of non-grandfathered group health plans, their insurers, administrators and fiduciaries should adjust the co-payment, deductible and out of pocket limits applicable for the 2015 plan year to reflect the recent adjustment in the out-of-pocket limits on essential benefits allowed by that the Patient Protection and Affordable Care Act (ACA) § 1302(c)(1). [read post]
28 Jul 2015, 8:05 am by Cynthia Marcotte Stamer
She is particularly recognized for her leading edge work, thought leadership and knowledgeable advice and representation on the design, documentation, administration, regulation and defense of a diverse range of self-insured and insured health and welfare benefit plans including private exchange and other health benefit choices, health care reimbursement and other “defined contribution” limited benefit, 24-hour and other occupational and non-occupational injury and accident,… [read post]
27 Jul 2015, 11:56 am by Cynthia Marcotte Stamer
Employers sponsoring group health plan coverage now or in 2014, check the adequacy of your insurer or third party administrator’s claims and appeals processes and notices. [read post]
11 Jul 2015, 2:14 pm by Cynthia Marcotte Stamer
In the face of these developments, health plans and their employer or other sponsors, health plan fiduciaries, health plan vendors acting as business associates and others dealing with health plans and their management should contact legal counsel experienced in these matters for advice and help about evaluating within the scope of attorney-client privilege the implications of the Resolution Agreement and other recent guidance on the adequacy and defensibility of their and their health… [read post]
30 Jun 2015, 2:43 pm by Cynthia Marcotte Stamer
  Well known for her extensive work with health care, insurance and other highly regulated entities on corporate compliance, internal controls and risk management, her clients range from highly regulated entities like employers, contractors and their employee benefit plans, their sponsors, management, administrators, insurers, fiduciaries and advisors, technology and data service providers, health care, managed care and insurance, financial services, government contractors and government… [read post]
30 Jun 2015, 10:53 am by Cynthia Marcotte Stamer
The trend data and judicial and political developments indicate that business leaders can look for these trends not only to continue, but accelerate. [read post]
26 Jun 2015, 12:25 pm by Cynthia Marcotte Stamer
She is particularly recognized for her leading edge work, thought leadership and knowledgeable advice and representation on the design, documentation, administration, regulation and defense of a diverse range of self-insured and insured health and welfare benefit plans including private exchange and other health benefit choices, health care reimbursement and other “defined contribution” limited benefit, 24-hour and other occupational and non-occupational injury and accident,… [read post]