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27 Oct 2016, 8:48 am by Cynthia Marcotte Stamer
§ 164.308(b); From January 5, 2011 until July 3, 2013 OHSU failed to implement policies and procedures to prevent, detect, contain, and correct security violations as required under Privacy Rule § 164.308(a)(1)(i); From July 12, 2010 to present, OHSU failed to implement a mechanism to encrypt and decrypt ePHI or an equivalent alternative measure for all ePHI maintained in OHSU’s enterprise as required by Privacy Rules §§ 164.312(a)(2)(iv) and 164.306(d)(3)); and… [read post]
20 Oct 2016, 6:43 am by Joy Waltemath
The court also rejected the employer’s other arguments, including that the employee was required to allege his obesity was perceived to limit a major life activity (Richardson v. [read post]
19 Oct 2016, 1:04 pm by Cynthia Marcotte Stamer
Offending Party Action in Question ERISA Section Penalty As of August 15, 2016 Penalty Effective August 16, 2016 Employer   Failure to maintain records or furnish information sufficient to determine benefits 209(b) $11 per employee $28 per employee Plan administrator   Failure/refusal to file annual report (Form 5500) with DOL 502(c)(2) $1,100 per day $2,063 per day Administrator of multiemployer plan   Failure to certify endangered or critical (funding) status  … [read post]
18 Oct 2016, 9:38 am by Lorene Park
In an ADA suit by a bus driver whose employer allegedly refused to let him return to his job because it regarded him as disabled due to his obesity, a federal district court in Illinois denied the employer’s Rule 12(b)(6) motion to dismiss. [read post]
18 Oct 2016, 7:49 am by Joy Waltemath
The fact that the settlement was accomplished through an opt-out class action did not raise an irreconcilable conflict with FLSA Section 216(b)’s mandate that FLSA claims cannot be asserted using an opt-out class action (Richardson v. [read post]
10 Aug 2016, 2:16 pm by News Desk
“Consumers with questions about the recall can contact Mysti Richardson, director of marketing, at 361-241-5000, Ext. 241. [read post]
1 Aug 2016, 9:42 pm by Cynthia Marcotte Stamer
[b]oard meeting with respect to the discussion of Robbins’ contact with the [Department of Labor]” and “created an environment that was hostile to her,” which “caused the trustees to vote to place her on leave. [read post]
6 Jul 2016, 2:28 am by Gritsforbreakfast
And b) if she did, would the same GOP which chose Donald Trump continue to truck with her? [read post]
1 Jun 2016, 5:35 pm by Beth Graham
., 511 U.S. 863, 868, 114 S.Ct. 1992, 1996 (1994) (quoting Richardson–Merrell, Inc. v. [read post]
1 Jun 2016, 12:44 pm by Beth Graham
., 511 U.S. 863, 868, 114 S.Ct. 1992, 1996 (1994) (quoting Richardson–Merrell, Inc. v. [read post]
13 May 2016, 7:55 am
(Pix © Larry Catá Backer 2015)In 2012, the American Law Institute (in which I am a member), agreed to launch a revision of its famous and quite influential Model Penal Code to focus specifically on rising issues of "sexual assault and related offenses. [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
ACA Preventive Care Mandate Overview The preventive care mandates of ACA generally require that health insurance or plan coverage offered in the individual or group market cover the following items or services without imposing any cost-sharing requirements: Evidence-based items or services that have in effect a rating of “A” or “B” in the current recommendations of the United States Preventive Services Task Force (USPSTF) with respect to the individual involved,… [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
ACA Preventive Care Mandate Overview The preventive care mandates of ACA generally require that health insurance or plan coverage offered in the individual or group market cover the following items or services without imposing any cost-sharing requirements: Evidence-based items or services that have in effect a rating of “A” or “B” in the current recommendations of the United States Preventive Services Task Force (USPSTF) with respect to the individual involved,… [read post]