Search for: "In the Matter of the Adoption of Martindale"
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12 Apr 2018, 7:42 pm
While WHD has not yet issued final rules implementing the changes enacted by the Act, earlier this week it published a Field Assistance Bulletin: Amendment to FLSA Section 3(m) Included in Consolidated Appropriations Act, 2018 (FAB) that discusses its enforcement policy regarding the Act’s amendments pending WHD’s future adoption of regulations. [read post]
11 Oct 2021, 7:59 pm
For instance, FACTA generally requires covered entities that collect or use certain personal financial information to conduct due diligence, monitor the security of records and adopt disposal practices that are reasonable and appropriate to prevent the unauthorized access to – or use of – information in a consumer report. [read post]
27 Oct 2016, 8:48 am
OHSU Charges & Settlement The OHSU Settlement Agreement announced by OCR on September 23, 2016 requires OHSU to pay a $2.7 million settlement payment and adopt and implement a comprehensive three-year corrective action plan to address “widespread and diverse” HIPAA compliance problems OCR reports uncovering while investigating multiple HIPAA breach reports the large public academic health center and research university centered in Portland, Oregon. [read post]
13 Jan 2020, 6:33 pm
During the Obama Administration, however, the Department of Labor both stepped up its efforts to identify and enforce these joint employer provisions and concurrently without formally issuing new regulations adopted interpretive and enforcement guidelines for finding joint employer status that that significantly broadened the employment relationships that the Labor Department treated as joint employers in a manner that presumed the existence of a joint employment relationship whenever the… [read post]
26 Dec 2018, 1:54 pm
What a whirlwind of a year it has been for legal technology. [read post]
31 Jan 2023, 9:31 am
He is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and AV rated by Martindale-Hubbell. [read post]
19 Oct 2016, 1:04 pm
About The Author Cynthia Marcotte Stamer is a noted Texas-based management lawyer and consultant, author, lecture and policy advocate, recognized for her nearly 30-years of cutting edge management work as among the “Top Rated Labor & Employment Lawyers in Texas” by LexisNexis® Martindale-Hubbell® and as among the “Best Lawyers In Dallas” for her work in the field of “Tax: Erisa & Employee Benefits” and “Health Care” by D… [read post]
14 Oct 2013, 9:01 am
While neither of the final rules adopts the Internet Applicant Rule, the preambles to both final rules provide that contractors may extend the disability and veterans status identification invitations at the same time they are required to extend the invitation to self-identify as to race, gender, and ethnicity under Executive Order (EO) 11246. [read post]
27 Feb 2012, 5:37 am
[3] Questions of effectiveness and taste in advertising are matters of speculation and subjective judgment. [read post]
7 Sep 2011, 6:00 am
In the Matter of Nelson (Review Dept. 1990) 1 Cal. [read post]
10 May 2017, 10:20 am
About The Author Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: Erisa & Employee Benefits,”… [read post]
19 Oct 2021, 10:10 am
However, private litigants and others increasingly have speculated that a fiduciary duty to safeguard plan asset against cyberthreats might be subsumed in the obligation of fiduciaries under Section 404 of ERISA at all times to act with “the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. [read post]
Manage Retaliation Risks In Response To Updated EEOC Enforcement Guidance, Rising Retaliation Claims
31 Aug 2016, 2:02 am
While an employer is free to bring these to light in the EEO matter where it may rightly affect the outcome, the Retaliation Regs state it is unlawful retaliation for an employer to take matters into its own hands and impose consequences for participating in an EEO matter. [read post]
25 Apr 2017, 3:21 pm
Of particular note for employer and other sponsors of group health plans are the self-reporting and excise tax self-assessment and payment requirements for employers coupled with the companion responsibilities and liabilities fiduciaries, plan administrators and others face under these federal mandates make it important that employers and others sponsoring group health plans and their management or other leaders overseeing or participating in plan design or vendor selection, plan… [read post]
13 Aug 2012, 3:05 pm
In the proposed consent decree filed on August 7, 2012 and awaiting District Court approval, the County seeks to resolve the lawsuit by agreeing to: Pay $475,000 to the complainants and provide additional work-related benefits (including retirement benefits and back pay, plus interest); Adopt new policies and procedures regarding the administration of medical examinations and inquiries; Refrain from using the services of the medical examiner who conducted the… [read post]
10 May 2017, 3:14 pm
Covered entities should keep in mind the MHHS Resolution Agreement is the latest in a series of OCR enforcement actions and resolution agreements highlighting the need for Covered Entities to adopt and use appropriate policies and procedures to prevent wrongful disclosures of PHI to the media or public. [read post]
9 Mar 2022, 7:47 pm
Public companies and other market participating or influencing companies and their leaders should begin preparing to comply with enhanced cybersecurity risk management, disclosure, strategy, governance and incident reporting and response requirements of a Proposed Rule the Security and Exchange Commission (“SEC”) published in today’s (March 9, 2022) Federal Register. [read post]
6 Feb 2024, 3:58 pm
A newly announced religious discrimination settlement reminds employers of the advisability of reviewing and strengthening the defensibility of their grooming, dress code, scheduling and time off and other employment policies, practices and other procedures for applying, granting or denying religious exceptions, and other employment practices to defend against potential discrimination exposures in light of rising religious sensitivities, the Supreme Court’s 2023 ruling in Groff v. [read post]
15 Feb 2018, 4:41 pm
As part of these requirements, Covered Entities and their business associates must adopt, administer and enforce detailed policies and practices, assess, monitor and maintain the security of electronic protected health information (ePHI) and other protected health information, provide notices of privacy practices and breaches of “unsecured” ePHI, afford individuals that are the subject of protected health information certain rights and comply with other requirements as… [read post]
22 Mar 2016, 6:57 am
™ invites you to register to participate in a special WebEx briefing on “HIPAA Update: The Latest On Security, Patient Access & Other HIPAA Developments” on Wednesday, March 30, 2016 beginning at Noon Central Time on Wednesday, March 30, 2016. 2016 Audit Program In its 2016 Phase 2 HIPAA Audit Program, OCR will review the policies and procedures adopted and employed by Covered Entities and their business associates to meet selected standards and… [read post]
