HHS Launches HIPAA Audit Program

OVERVIEW The Department of Health and Human Services (HHS) announced that it has launched the second phase of its HIPAA audit program, which focuses on compliance with HIPAA’s Privacy, Security and Breach Notification Rules. This second phase of the HIPAA audit program covers both covered entities and business associates. HHS’ Office for Civil Rights (OCR) … Continue reading HHS Launches HIPAA Audit Program

Political Discussions in the Workplace

The 2016 presidential race is underway, and opinions and emotions can be strong on both sides. You may want to think about addressing political discussions in the workplace. Do you know what to do if conversations get out of hand? At private companies, employees do not have unrestricted rights to “free speech” under the First … Continue reading Political Discussions in the Workplace

DOL Standards for Joint Employment

On Jan. 20, 2016, the DOL issued guidance on joint employment and liability under the Fair Labor Standards Act (FLSA) with Administrator’s Interpretation No. 2016-1. In a joint employment relationship, one employee is considered to be working for more than one employer at the same time. Under the FLSA, joint employers are “jointly and severally … Continue reading DOL Standards for Joint Employment

IRS Clarifies ACA Rules for Employer- provided Coverage

The Internal Revenue Services (IRS) recently released Notice 2015-87, which clarified a number of ACA rules for employer-provided coverage, including employer shared  responsibility penalties and ACA market reforms. Significantly, the notice addressed how pertain plan features, such as flex credits and opt-out incentives, affect whether an applicable large employer’s coverage is affordable. In the notice, … Continue reading IRS Clarifies ACA Rules for Employer- provided Coverage

Recent Court Rulings Raise Questions about FMLA

The Family and Medical Leave Act (FMLA)clearly states that when an employer knows that a worker taking leave qualifies for FMLA, it must designate the worker’s absence as FMLA leave. Despite this requirement, some employers let employees choose whether to designate their leave as FMLA leave. Two recent court cases have highlighted why this approach … Continue reading Recent Court Rulings Raise Questions about FMLA

FEDERAL COURTS WILL HEAR 2 NEW ACA CASES

OVERVIEW Two lawsuits challenging certain provisions of the Affordable Care Act (ACA) will be heard in federal court. Marin v. Dave & Buster’s is a class action lawsuit alleging that the restaurant chain reduced their employees’ work hours in order to avoid providing health benefits, as required under the ACA. Texas v. Burwell is a … Continue reading FEDERAL COURTS WILL HEAR 2 NEW ACA CASES