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New OSHA Regulations

…drug testing policies non-compliant and subject to sanction. The new rules prohibit an employer “from using drug testing, or the threat of drug testing, as a form of retaliation against…

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Acosta Confirmed as DOL Secretary

…year. The rule modifying the “salary level test” was to become effective December 1, 2016. The DOL has been granted three extensions of time by the 5th Circuit Court of…

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Second Circuit and Seventh Circuit are in Agreement

…on this issue as reflected in its opinion in Hively v. Ivey Tech Community College. We previously wrote about the Hively v. Ivey Tech Community College opinion. The Seventh Circuit…

Knowledge

EEOC Goes Electronic

…EEOC receives a Charge, it will send the company a paper document with login instructions for the ACT Digital portal and a system generated password. Once logged in, the company…

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Documenting Efforts to Comply with the FLSA May Help Limit Damages Exposure

…Fifth Circuit illustrates why it is important for employers to document their good faith efforts to comply with the FLSA. In Miles v. HSC-Hopson Services Company, no 14-1137, 2015 U.S….

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DOL Signals That It Will Not Support Obama Era Salary Basis Test

…DOL issued a new Final Rule on May 23, 2016, which made three significant changes to the salary basis test: It increased the minimum annual salary level from $23,660 to…

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U.S. Department of Justice Issues New Guidance on Evaluation of Corporate Compliance Programs

…of the corporation’s preexisting compliance program” as well as the corporation’s remedial efforts “to implement an effective corporate compliance program or to improve an existing one.” The new Compliance Guidance…

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Fourth Circuit Holds Staffing Agency Nurse to be Hospital Employee for Purposes of Liability Insurance

…persons or entities who met its definitions of “protected person.” The section of the Policy entitled “Hospital Professional Liability,” under the heading of “Worker,” stated that the Hospital’s “present and…

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IRS Revokes Hospital’s Exemption Under Section 501(c)(3) for Failure to Comply with Community Health Needs Assessment Requirements

…Among others, the law and regulations require each hospital organization to conduct a community health needs assessment (CHNA) to assess the health needs of the community it serves, including financial…

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OSHA’s New Rule Impacts the Health Care Industry

…in states that offer workers’ compensation premium reductions for enacting Drug Free Workplace Policies. Compliance with these workers’ compensation programs or other state or federal laws or regulations requiring post-accident/post-injury…