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29 Apr 2019, 7:21 am by Cynthia Marcotte Stamer
Where the dispute is solely one of contract interpretation and there is no evidence of animus, bad faith, or intent to undermine the union, the Board does not seek to determine which of two equally plausible contract interpretations is correct. [read post]
20 Mar 2019, 7:24 am by Cynthia Marcotte Stamer
Proper calculation of applicable mileage related tax deduction depends upon taxpayers properly taking into account the suspension of the deductions for unreimbursed employee travel and relocation expenses for the 2018 through 2026 tax years and using the correct standard mileage rate. [read post]
19 Mar 2019, 4:28 pm by Cynthia Marcotte Stamer
”  Thus, while acknowledging that “[a]n employer must observe any employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established by the FMLA. [read post]
14 Mar 2019, 5:08 pm by Cynthia Marcotte Stamer
Where applicable, self correction program via the Employee Plans Compliance Resolution System (EPCRS), outlined in Revenue Procedure 2018-52 can solve manybpribkems Under the Self-Correction Program (SCP), employer and other plan sponsors can correct many plan mistakes without contacting the IRS with many potential advantages including: Identify and correct mistakes using the procedures in EPCRS Do not notify the IRS Pay no fees to the IRS Your plan’s tax… [read post]
7 Mar 2019, 4:40 pm by Cynthia Marcotte Stamer
As a part of this process, businesses and their leaders generally should plan to: Review subcontractor, temporary, lease employee, independent contractor and other outsourced labor and services relationship for potential risk of worker reclassification and tighten contracting and other procedures; Audit the position of each employee currently classified as exempt to assess its continued sustainability and to develop documentation justifying that characterization; Audit characterization of workers… [read post]
27 Dec 2018, 8:56 am by Cynthia Marcotte Stamer
Employers that pay or considering paying hourly workers different hourly rates for different categories of work within the same work week should evaluate these compensation practices in light of a new December 21, 2018 Department of Labor Wage and Hour Division (WHD) Fair Labor Standards Act (FLSA) opinion letter that evaluated the FLSA minimum wage and overtime compliance of one such arrangement. [read post]
18 Dec 2018, 3:57 am by Cynthia Marcotte Stamer
Corrections Employers who have included amounts covered by the exception or the transition rule in individuals’ wages or compensation can take steps to correct taxable wages and employment taxes. [read post]
15 Dec 2018, 7:41 am by Cynthia Marcotte Stamer
They further urge that  if they are correct, the balance of the ACA is untenable as inseverable from the Invalid Mandate. [read post]
6 Nov 2018, 10:56 am by Cynthia Marcotte Stamer
In light of the Supreme Court’s ruling, any State or local subdivision that has operated in reliance upon the now discredited interpretations of the ADEA or FLSA definitions of “employer” as applicable only to State or local governmental entities employing at least 20 employees immediately should take all necessary corrective action to bring their policies into compliance with the ADEA and FLSA. [read post]
17 Oct 2018, 4:19 pm by Cynthia Marcotte Stamer
  Beyond OCR’s publication of extensive regulatory guidance and educational outreach discussing the responsibility to conduct and maintain documentation of appropriate enterprise risk assessments, virtually every announced HIPAA Security Rule civil monetary penalty assessment and other enforcement action identifies violation of the HIPAA Security Rule’s enterprise risk assessment requirements among the material transgressions committed and required to be corrected by HIPAA… [read post]
16 Oct 2018, 3:55 pm by Cynthia Marcotte Stamer
In addition to the $16 million settlement that Anthem is paying to resolve OCR’s HIPAA charges stemming from the breach, the OCR settlement agreement also requires Anthem to undertake a robust corrective action plan to comply with the HIPAA Rules. [read post]
11 May 2018, 3:22 am by Cynthia Marcotte Stamer
In that case, unless the distribution from the HSA is used to pay qualified medical expenses, the distribution is includible in the employee’s gross income under section 223(f)(2) and subject to the 20 percent additional tax under section 223(f)(4). [read post]
12 Apr 2018, 7:42 pm by Cynthia Marcotte Stamer
  Federal law authorizes substantial additional penalties for violation of certain of these special requirements on youth employment; Wages are due on the regular payday for the pay period covered; Deductions made from wages for items such as cash shortages, required uniforms, or customer walk-outs are illegal if the deduction reduces the employee’s wages below the minimum wage or cuts into overtime pay; Deductions made for items other than board, lodging, or other… [read post]
12 Apr 2018, 7:01 pm by Cynthia Marcotte Stamer
According to the Labor Department, misclassified employees are often denied access to critical benefits and protections, such as family and medical leave, overtime, minimum wage and unemployment insurance and other rights. [read post]
5 Jan 2018, 5:35 am by Cynthia Marcotte Stamer
   In return for OCR’s agreement not to further pursue charges or penalties relating to the breach investigation, the Resolution Agreement requires that 21CO pay OCR a $2.3 million Resolution Amount and implement to OCR’s satisfaction a corrective action plan that among other things requires that 21CO complete  the following corrective actions to the satisfaction of OCR: To complete a risk analysis and risk management plan; To revise its HIPAA… [read post]
10 May 2017, 3:14 pm by Cynthia Marcotte Stamer
For instance, in June, 2013, OCR required Shasta Regional Medical Center (SRMC) to pay a $275,000 settlement payment and implement a comprehensive corrective action plan to resolve OCR charges stemming from SRMC’s disclosure of PHI about a patient to members of the media and its workforce in an effort to respond to accusations the patient made that SRMC engaged in fraud and other misconduct. [read post]
10 May 2017, 10:20 am by Cynthia Marcotte Stamer
While many excellent reasons may exist for a business to offer group health coverage for qualifying employees, all employers regardless of size considering offering group health coverage obtained through the SHOP or other sources should keep in mind that employers that establish and maintain group health coverage, the group health plans they establish and the company or persons with discretionary authority or responsibility for the maintenance, management or… [read post]
26 Apr 2017, 6:14 pm by Cynthia Marcotte Stamer
To resolve these OCR charges, CardioNet agrees in the Resolution Agreement to pay $2.5 million to OCR and implement a corrective action plan. [read post]
25 Apr 2017, 3:21 pm by Cynthia Marcotte Stamer
  Sponsors and plan fiduciaries also need to be concerned about other risks beyond sponsoring employers’ excise tax liability exposures for sponsoring a non-compliant group health plan. [read post]