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Industry Updates                                                                                  Subscribe to receive updates via e-mail

Date

Title

Topics Covered
July 2010 DOL Releases Model Notices for Patient Protection, Lifetime Limits and Dependent Coverage Included in recent regulations implemented pursuant to the Patient Protection and Affordable Care Act are requirements for group health plans to provide new notices to participants related to their selection of physicians (Section 54.9815-2719AT), lifetime limits on benefits (Section 54.9815-2711T(e)(2)), and coverage of adult children up to age 26 (Section 54.9815-2714T).
June 2010 IRS Issues Guidance on "Grandfathered" Plans Under Affordable Care Act Three federal agencies, the IRS, EBSA, and HHS, have issued new regulations explaining the definition and scope of grandfathered plans as provided under the Affordable Care Act.
June 2010 Chambers Awards LMV Top Rating Chambers recognizes LMV attorneys as leaders in the practice of labor and employment law.
June 2010 HHS Implements Early Retiree Reinsurance Program Over the weekend, the Secretary of HHS released her first "draft" of the Early Retiree Reinsurance Program application.
June 2010 For COBRA Notices It's Déjà Vu All Over Again The ultimate fate of the COBRA subsidy is now uncertain.
May 2010 Just What You Needed: Another Poster! DOL Regulation Requires Federal Contractors and Subcontractors to Hang New Poster by June 19, 2010.
May 2010 IRS Issues Regulations on Age 26 Dependent Coverage Rule Late on May 11, 2010, IRS issued interim final regulations related to the new age 26 dependent coverage rules under the Patient Protection and Affordable Care Act.
Apr 2010 DOL Post New Model COBRA Notices Late on Tuesday, April 27, 2010, the Department of Labor (DOL) updated its guidance on the COBRA subsidy and posted new model notices, available for plan administrators to download from DOL's website.
Mar 2010 Health Care Reform Bill Requires Employers To Provide Breaks, Space To Nursing Mothers Under a provision of the newly enacted health care reform law, employers must now provide "reasonable" unpaid breaks to nursing mothers to express milk for their infants.
Mar 2010 Health Care Reconciliation Bill Clears Final Hurdle On March 25th, the House approved the reconciliation bill (H.R. 4872), which amends the health care reform bill (H.R. 3590) signed into law by President Obama earlier this week. The President is expected to sign the reconciliation bill into law soon. Now that the reconciliation bill is to become law, many facets of the health care reform legislation are much clearer-at least for now.
Mar 2010 DOL Issues Revised Model COBRA Notices The Department of Labor finally released its long-awaited revised model COBRA notices reflecting the extension of the COBRA subsidy to eligible terminations occurring before March 31, 2010.
Mar 2010 President Signs Health Care Reform Bill On March 23, 2010, as predicted President Obama signed into law the Patient Protection and Affordability Act (H.R. 3590), the health care reform bill passed by the House on Sunday night. That bill becomes law today.
Mar 2010 Health Care Reform: What Employers Need to Know Now? On March 21, 2010, the House passed a health care reform bill that we expect President Obama to sign on Tuesday. Few media outlets are accurately reporting what that bill is about and there is plenty of reason for confusion. We're going to de-mystify as much of it as we can and make sure employers know what to do.
Mar 2010 COBRA Subsidy Extension Still In Flux On March 10, 2010, the Senate voted with bi-partisan support to extend the COBRA subsidy to all qualifying terminations through December 31, 2010, as part of a broader jobs bill, H.R. 4213.
Mar 2010 Immigration Update ICE Ramps Up Employer I-9 Audits in the Southeast.
Mar 2010 COBRA Subsidy Extended Through March 31, 2010 This means that employees involuntarily terminated through March 31, 2010, remain eligible for the COBRA subsidy.
Jan 2010 The Scott Heard Round the World Brown's Election in Massachusetts May Reset Legislative Agenda.
Jan 2010 More About DOL’s New Model COBRA Notices On January 13, 2010, DOL posted Notices aimed at complying with the COBRA Subsidy Extension. For full article, click the link on the left.
Dec 2009 COBRA Advisory Don't Put Away Those New COBRA Forms Just Yet
Nov 2009 E-Bulletin New Posters, New Policies, New Leaves, Oh My!
Sept 2009 Legal Advisory New HIPAA Breach Notification Provisions Go Into Effect Wednesday!
Aug 2009 Legal Advisory Advisory for Federal Contractors
July 2009 Announcement

Chambers Awards LMV Top Rating

July 2009 Affirmative Action Update New Haven Firefighters Case. Click link on the left to view full update.
June 2009 Employment Law Advisory Have You Heard? HIPAA's Back with a Vengeance. Click link to the left to view full advisory.
May 2009 Employment Law Advisory

Group Health Plans, Self-Insured Employers Forced To Begin Registering For Medicare Secondary Payer Reporting Requirements

Click link to the left to view full advisory.

April 2009 COBRA-Subsidy Update - IRS Guidance Clarifies Involuntary Termination, DOL Confuses the Notice Requirement and Other Issues

On March 31, 2009, IRS issued Notice 2009-27 which provided surprisingly succinct and helpful guidance for administering the COBRA-subsidy. The Notice begins with an excellent four page summary and overview of the COBRA-subsidy sections of the ARRA. It continues with twenty-three pages of FAQ arranged under the following topics: Involuntary Termination; Assistance Eligible Individual; Calculation of Premium Reduction; Coverage Eligible for Premium Reduction; End of Premium Reduction Period; Recapture of Premium Assistance; Extended Election Period; Payments to Insurers Under Federal COBRA; and Comparable State Continuation Coverage.

The entire notice is accessible at http://www.irs.gov/pub/irs-drop/n-09-27.pdf.

April 2009 Employer Obligations to Comply with New SCHIP Law Began April 1, 2009 The Children's Health Insurance Program Reauthorization Act of 2009, signed by President Obama on February 4, 2009, extends and expands the state children's health insurance program (SCHIP), but also imposes new compliance obligations on employer-provided group health plans, effective April 1, 2009.
April 2009 Employment Law Advisory

Mandatory Changes to I-9 Form

Effective tomorrow, April 3, 2009, employers are required to use the new Form I-9, Employment Verification Form, when verifying and re-verifying employment eligibility for all employees. For identification purposes, the new form has a revision date of "2/2/09" in the bottom right hand corner. The new Form I-9 is available in English and Spanish. However, only employers in Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states and other U.S. territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and retain the English version in their records.

In addition to the new form, employers must follow the new regulations for completing the I-9 which narrows the list of acceptable documents that can be used for identity and, most significantly, prohibits employers from accepting expired documents as proof of identity.

The new I-9 form is available at www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf.s.

Feb 2009 Retroactive COBRA: The 2009 Stimulus Plan Nestled at page 396 of the American Recovery and Reinvestment Tax Act of 2009, a/k/a "the 2009 Stimulus Act," the casual reader will find the 31 page Health Insurance Assistance for the Unemployed Act of 2009 ("2009 COBRA Act"). Setting aside all the fancy names, the 2009 COBRA Act contains important changes to COBRA continuation coverage that will impact employers throughout 2009.
Feb 2009 Affirmative Action e-Bulletin President Obama Signs Three New Executive Orders
Jan 2009 Affirmative Action e-Bulletin Implementation of e-Verify further delayed
Jan 2009 Affirmative Action e-Bulletin Implementation of e-Verify delayed
OFCCP once again obtains record recoveries for a record number of
  employees
Jan 2009 The OFCCP Issues FAQs on the New ADA Amendments Act The Department of Labor's Office of Federal Contract Compliance Programs (what we affectionately call "the OFCCP") has issued Frequently Asked Questions on the new ADA Amendments Act.
Nov 2008 New FAQs Released on e-Verify The U.S. Citizenship and Immigration Services posted Frequently Asked Questions concerning E-Verify last week.
Sept 2008 ADA: The Sequel On September 25th, President Bush signed the ADA Amendments Act - intended to breathe new life into the Americans with Disabilities Act. A series of decisions handed down the U.S. Supreme Court significantly narrowed the reach of the ADA by placing high standards on who was protected. The Amendments focus on expanding the coverage of the ADA by redefining the term "disability."
June 2008 Affirmative Action Update President Bush Signs Amendment to Executive Order
  Requiring Federal Contractors to Use E-Verify
OFCCP Adjusts its Compensation Analysis Procedure
February 2008 Employment Benefits Advisory Supreme Court Allows Individual 401(k) Participant to Sue
  for Breach of Fiduciary Duty
August 2007 Social Security No-Match Letter New Regulation Solves the Social Security No-Match Letter
  Riddle
July 2007 Banking/Finance/Insurance Update Invitation to and details of briefing on August 23, 2007
May 2007 Manufacturing E-Bulletin Steelworkers on the Move
March 2007 Affirmative Action Update

OFCCP Sends Corporate Scheduling Announcement
  Letters

December 2006 Affirmative Action Update Why the New EEO-1 is More Than Just a New Form
What Has Changed?
Time-Table for Implementation
Closing Thoughts
September 2006 Affirmative Action Update The OFCCP Finally Rescinds The EO Survey
Recordkeeping Garners Increasing Attention
July 2006 Affirmative Action Update

Standards for Systemic Compensation Discrimination
Voluntary Guidelines for Self-Evaluation of Compensation
  Practices
What are the Implications of These Rules?

April 2006 Affirmative Action Update

Don't Forget Disposition Codes
Don't Base Employment Decisions On Protected
  Characteristics

March 2006
• Misclassification of Management Employees Results in

   Verdict of at Least $19.1 Million

February 2006

• Proposed Regulations for California’s Mandatory

  Harassment Training Law

January 2006

• EEOC Implements Final Revisions To EEO-1 Report

• OFCCP Proposes Regulations to VEVRAA

• OFCCP Announces Record Financial Recoveries In Fiscal

   Year 2005

January 2006

• Physician Behave Thyself

• Social Workers, Caseworkers, & Medical Coders: Exempt
   from Overtime?

• Department of Labor Investigates Off-the-Clock Work

November 2005
• EEOC Finally Approves Revisions To EEO-1 Report
November 2005

• Donning, Doffing, Walking & Working

• AFL-CIO Declares December 10, 2005 National Organizing
  Mobilization Day

• Illegal Worker Entitled To Worker’s Compensation

October 2005
• The much-anticipated final rule from the OFCCP on the
   definition of "Internet applicant."
September 2005

•  OFCCP Grants Limited Exemption and Waiver of
   Requirements for Hurricane Relief Efforts

•  Employees of Federal Contractors Cannot Look To
    Merit Systems Protection Board For Help

•  How The AFL-CIO Rift May Affect You

September 2005

•  How The AFL-CIO Rift May Affect You

•  Arbitration Agreements Invalidated

•  New York State Health Department Announces
   Smoking Study Results

September 2005

•  Are Your Managers Entitled To Overtime Compensation?

•  How The AFL-CIO Rift May Affect You

•  A Recent Federal Court Decision Might Change The Way
   You Hire

Circuit Updates                                                                                  Subscribe to receive updates via e-mail

Date

Title

Topics Covered
October 2005

First Circuit Update -

(States served: Maine, Massachusetts, New Hampshire, Rhode Island and Puerto Rico)

•  Think Twice Before Relying On E-mail To Distribute

    Employment Policies

•  Pharmacists Not Entitled to Overtime

October 2005

Second Circuit Update -

(States served: Connecticut, New York and Vermont)

•  Public Employees Do Not Check Their Constitutional

   Rights At the Door

•  Sexual Stereotyping is Sex Discrimination

October 2005
Third Circuit Update  -
(States served: Delaware, New Jersey, Pennsylvania and Virgin Islands)

•  When Hiring, Choose the Qualifications You Can Live With

January 2006

Seventh Circuit Update - Winter Update

(States served: Illinois, Indiana and Wisconsin)

•  A Completed FMLA Certification: When It Absolutely,

   Positively Has to Be There (Or Else You’re Fired)
•  Physician Heal Thyself (or at least Behave Thyself)

•  It’s Hard to Shake the Past

October 2005
Seventh Circuit Update -
(States served: Illinois, Indiana and Wisconsin)

•  Don’t Try and Play Doctor When Your Employees Return
   from FMLA Leave

•  Don’t Test the Limits With Your Employment Testing

January 2006

Eighth Circuit Update - Winter 2006 -

(States served: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota)

•  Do You Have A Well Stocked Arsenal?

•  Is Considering Whether An Old Dog Can Learn New Tricks

   Age Discrimination?

September 2005

Eighth Circuit Update -

(States served: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota)

•  What Kinds of Job Actions Can Get Your Company Sued?
May 2006 Ninth Circuit Update -
(States served: Alaska, Arizona, California, Guam, Hawaii, Idaho, Mariana Islands, Montana, Nevada, Oregon and Washington)

•  Can Employers Make Women Wear Makeup?
•  “Oh Yeah, I Forgot To Mention That I Tried To Kill Someone
   A Few Years Back”
•  Hospital Loses The Race to Outsource Employees

October 2005

Ninth Circuit Update -

(States served: Alaska, Arizona, California, Guam, Hawaii, Idaho, Mariana Islands, Montana, Nevada, Oregon and Washington)

•  Being a Culturally Insensitive Jerk Creates Company
   Liability

•  Employer Liability for Customer Harassment

•  Keeping Employees Honest About FMLA Leave

January 2006

Tenth Circuit Update - Winter 2006 -

(States served: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming)

•  Plaintiff’s Cooperation With EEOC Investigation A

   Prerequisite to Suit

•  Age Difference Of 5 Years Can be Significant In An Age

   Discrimination Case

October 2005
Tenth Circuit Update -
(States served: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming)
•  Do Your Company’s Releases Comply With the OWBPA?
December 2005

Eleventh Circuit Update -

(States served: Alabama, Georgia and Florida)

•  Employers Have a Duty to Consider Accommodations for

    Employees Considered or Perceived to Have Disabilities

•  Ninety-Day Right to Sue Under Title VII and ADEA Runs

    From Reasonable Time After Employees had Actual

   Knowledge that the EEOC had Terminated its Investigation.