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2 Aug 2017, 4:23 pm by Cynthia Marcotte Stamer
Employers operating in the United States should evaluate potential workforce and implications of proposed immigration law reforms The Reforming American Immigration for a Strong Economy Act (RAISE Act) in light of the joint announcement of plans to prioritize the proposed reforms for enactment announced jointly by RAISE Act sponsors Senators Tom Cotton and David Perdue and President Donald Trump earlier today (August 2, 2017). [read post]
30 Jun 2022, 4:02 pm by Cynthia Marcotte Stamer
Scribe for the ABA JCEB Annual Agency Meeting with HHS-OCR, and author of the “Medical Privacy” Chapter in the BNA/ERISA Litigation Treatise, the “Other Torts Chapter” in the BNA/ABA E-Heath & Other Torts Treatise, “Privacy and the Pandemic Workshop” for the Association of State and Territorial Health Plans, as well as a multitude of other highly regarded data privacy and security, workforce and health care change and crisis management and other highly… [read post]
13 Dec 2019, 1:49 pm by Cynthia Marcotte Stamer
Ten former National Football League (NFL) players face prosecution for their alleged roles in a nationwide health care fraud scam that Justice Department prosecutors allegedly defrauded the Gene Upshaw NFL Player Health Reimbursement Account Plan (the “Plan)” by submitting more than $3.9 million in false and fraudulent claims between June 2017 and December 2018. [read post]
21 Jan 2021, 11:02 am by Cynthia Marcotte Stamer
Newly sworn in President Joe Biden chose to make an executive order outlining the core principles for his Administration’s policy for fighting COVID-19 the first signed in his new Administration shortly after he was sworn in as President as well as made public the Biden-Harris Administration’s other key policy priorities upon taking office which promise to significantly impact business and other organizations, taxpayers and others. [read post]
1 Apr 2019, 12:07 pm by Cynthia Marcotte Stamer
U.S. businesses should move quickly to express strong support for the Joint Employer Status under the Fair Labor Standards Act Rule proposed by the Department of Labor today to help reduce their exposure to liability to pay overtime or other liabilities of subcontractors or other businesses under the Fair Labor Standards Act (FLSA). [read post]
14 Jul 2010, 11:41 pm by Transplanted Lawyer
Richardson, 403 U.S. 365, 372 -373 (1971), cited a line of cases that upheld certain discriminatory state treatment of aliens lawfully within the United States. [read post]
29 Apr 2019, 7:21 am by Cynthia Marcotte Stamer
A Wisconsin employer did not violate the National Labor Relations Act (“NLRA”) by ceasing to deduct union dues from employees’ paychecks for remittance to their certified union in response to Wisconsin’s enactment of a right-to-work law that curtailed dues checkoff, or communicating with employees about this action according the National Labor Relations Board ruling in Metalcraft of Mayville, Inc. [read post]
28 Mar 2019, 2:54 pm by Cynthia Marcotte Stamer
Employers frustrated with the current Fair Labor Standards Act (“FLSA”) rules defining what forms of payment employers must count as part of an employee’s “regular rate” when calculating overtime should evaluate and consider expressing support for the Department of Labor’s proposal announced today (March 28, 2019) to update its more than 50-year old regulations implementing the regular rate requirements under section 7(e) of FLSA  in 29… [read post]
5 Nov 2019, 3:25 pm by Cynthia Marcotte Stamer
Business owners and leaders of companies caught cheating on employment tax obligations increasingly face prison sentences for allowing their companies to fail to withhold, account for, report and pay over to the Internal Revenue Service (IRS) federal income tax, as well as the employees’ share of social security and Medicare taxes (collectively known as FICA taxes) and the employer’s share of FICA taxes in accordance with the Internal Revenue Code (Code). [read post]
26 Apr 2022, 11:48 am by Cynthia Marcotte Stamer
A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, well-known for her extensive work with health and other employee benefits, health care and life sciences, insurance, financial services, technology, and other highly regulated and performance reliant organizations and their leadership, Ms. [read post]
13 Sep 2017, 4:00 pm by Cynthia Marcotte Stamer
Employers beware of potential National Labor Relations Act unfair labor practices risks that may arise from their adoption or enforcement of overly broad or restrictive workplace recording, acceptable use, workplace conduct, commitment-to-integrity or other policies that might be construed to prohibit or deter employees from exercising protected organization or other collective bargaining rights under the National Labor Relations Act (NLRA) in light of the Fifth Circuit’s July 25, 2017 … [read post]
27 Oct 2016, 8:48 am by Cynthia Marcotte Stamer
Compliance with the Privacy and Security Rules of the Health Insurance Portability & Accountability Act (HIPAA) is a living process that requires employer and other health plans, health insurers, health care providers and healthcare clearinghouses to recurrently reevaluate their HIPAA enterprise risk and timely act to mitigate security threats to electronic (ePHI) and other  protected health information and other HIPAA compliance concerns on an ongoing basis. [read post]