Insights

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Oct 28, 2014 | Increase in DOL Investigations of Health Care Benefit Denials

As a part of its health plan audits for Fiscal Year 2015, we expect the Department of Labor (DOL) Employee Benefit Security Administration (EBSA) to continue to focus on compliance, especially given the group health plan reform mandates of the Patien...

Sep 24, 2014 | Does Your Wellness Plan Meet the Reasonable Alternative Standard?

As fall open enrollment approaches, now is the time for Plan Sponsors to reevaluate their wellness programs and confirm that they comply with the regulations issued under the Affordable Care Act. The Departments of Labor, Treasury, and Health and Hum...

Sep 22, 2014 | FSMA Rules: One Last Chance to Submit Comments

On September 19, 2014 the U.S. Food and Drug Administration (FDA) made available revised versions of four draft rules which had been previously published and for which the comment period had closed. These draft rules were originally proposed in 2013...

Sep 16, 2014 | Department of Labor Targets Restaurant Industry Employers

The Wage and Hour Division of the Department of Labor has recently escalated enforcement initiatives throughout the U.S. to identify and remedy labor violations in the restaurant industry. The Department of Labor views low-wage workers who lack knowl...

Sep 5, 2014 | Federal Banking Regulators Finalize Liquidity Rules

On September 3, 2014, in response to lingering liquidity concerns in the wake of the financial crisis, federal banking regulators finalized their rule requiring the largest U.S. banks to hold enough liquid assets to survive another financial emergenc...

Sep 3, 2014 | The Deadline for Plan Compliance with the Mental Health Parity and Addiction Equity Act Looms

The Department of Labor (DOL) has broad authority to investigate and audit employers’ benefit plans for compliance with the Employee Retirement Income Security Act (ERISA). The DOL’s Employee Benefits Security Administration (EBSA) performs the audit...

Aug 21, 2014 | An ADA Trap for the Unwary - Noncompliant Websites

Businesses must brace themselves for a tidal wave of accessibility-related lawsuits focused on websites that do not comply with the Americans with Disabilities Act (ADA). While most companies with 15 or more employees that are open to the public know...

Aug 18, 2014 | Important Information Regarding Depositing Checks

If your Association receives a partial payment that includes a restrictive endorsement similar to "paid in full" or "full and final satisfaction," you should contact our office to confirm whether you should deposit the check or return it to the own...

Aug 1, 2014 | Pursuant to FSMA, FDA Announces FY 2015 Reinspection Fees

On July 31, 2014, the Food and Drug Administration (FDA) published fee rates for fiscal year 2015 for certain domestic and foreign facility reinspections, failures to comply with a recall order and importer reinspections. The new fees will be effecti...

Aug 1, 2014 | The Door is Opening to Unionization in Franchised Operations - NLRB Lessens Burden to Prove Franchisor and Franchisee are Joint Employers

What the Board Said The General Counsel of the National Labor Relations Board made good on his threat to seek to expand the traditional joint employer test. If followed by the Board, which is probable, the new test will find McDonald’s corporation...

Jul 31, 2014 | NLRB Lessens Burden to Prove Franchisor and Franchisee are Joint Employers

What the Board Said The General Counsel of the National Labor Relations Board made good on his threat to seek to expand the traditional joint employer test. If followed by the Board, which is probable, the new test will find McDonald’s corporation...

Jul 29, 2014 | President Obama Issues Executive Order Making it Illegal for Federal Government Contractors to Discriminate on the Basis of Sexual Orientation or Gender Identity

On July 21, 2014, President Obama issued an Executive Order that makes it illegal for federal government contractors to discriminate on the basis of sexual orientation or gender identity. The Executive Order amends Executive Order 11246, first issued...

Jul 25, 2014 | Federal Government Continues to Target Bank Compliance Programs

By Nicole Hughes Waid The U.S. Treasury Department announced yesterday that Bank of America Corp's banking unit agreed to pay $16.6 million to resolve allegations that it processed hundreds of transactions for drug traffickers who are subject to U...

Jul 24, 2014 | Group Rating Class Action Law Suit

The Ohio Bureau of Workers' Compensation (BWC) reports they have reached an agreement to settle for $420 million a class action lawsuit filed seven years ago. The lawsuit, known as the San Allen case, was against the state over the Bureau’s group...

Jul 17, 2014 | In Product Liability Case Alleging Personal Injuries, Southern District of Ohio Applies the Non-Economic Damages Cap and Rejects the Catastrophic Loss Exceptions

By Christopher E. Cotter The tort reform legislation passed by the Ohio General Assembly in 2005 includes a cap on the amount of non-economic damages that may be recovered at trial by an injured plaintiff. Damages for non-economic loss are limited...

Jul 17, 2014 | New Decision on Catastrophic Loss Exceptions to the Non-Economic Damages Cap: The Cap Applies As a Matter of Law

By Christopher E. Cotter The tort reform legislation passed by the Ohio General Assembly in 2005 includes a cap on the amount of non-economic damages that may be recovered at trial by an injured plaintiff. Damages for non-economic loss are limited...

Jul 17, 2014 | Summary of 2014 Legislative Action Affecting Community Associations Practitioners

The 2014 Legislative Session included several bills which affect Community Associations, including House Bill 807, House Bill 1089, and House Bill 7037. A summary of the significant changes are set forth below. The Bills became law on July 1, 2014....

Jul 16, 2014 | EEOC Issues New Guidance on Pregnancy Discrimination

By Anne Prenner Schmidt On Monday July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued new enforcement guidance on pregnancy discrimination. The guidance was issued by the EEOC on a 3-2 vote. This guidance updates and repl...

Jul 14, 2014 | Citigroup, Inc. to Pay $7 Billion in a Global Settlement with the Department of Justice for the Company's Role in the Financial Crisis

By Nicole Hughes Waid The Justice Department, along with federal and state partners, today announced a $7 billion settlement with Citigroup Inc. to resolve federal and state civil claims related to Citigroup’s conduct in the packaging, securitizat...

Jul 3, 2014 | FDA Issues Pharmacy Related Compounding Regulations and Guidance Documents

On July 1, 2014, the Food and Drug Administration (FDA) released several documents applicable to compounding pharmacies, which are in the business of preparing custom-tailored drugs intended for patients. The first document is draft interim guidance...

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