Tag: certification

HIPAA

HHS Withdraws Rules for Certifying Compliance with HIPAA Transaction Standards

The U.S. Department of Health and Human Services (HHS) withdrew a proposed rule that would have required health plans, including employer group health plans, to certify compliance with the Health Insurance Portability and Accountability Act (HIPAA) transaction standards or face potentially stiff penalties.

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Leave

FMLA: Is Postoperative Care Considered a Serious Health Condition?

As employers are well aware, the Family and Medical Leave Act (FMLA) allows eligible employees to take leave for qualifying serious health conditions. In a recent decision, the U.S. 2nd Circuit Court of Appeals—which covers Connecticut, New York, and Vermont—highlighted the need for employers to be more inquisitive—and perhaps more expansive—when determining whether a condition […]

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class action lawsuit

Misclassification Alone Is Insufficient for Class Treatment

Are certain classes of your employees routinely working overtime? If so, are they properly classified as exempt or nonexempt? Wage and hour class actions continue to be large thorns in the sides of many employers, and this recent decision serves as a good reminder of how critical it is for you to review your overtime […]

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Pennsylvania

Employee or Independent Contractor? Right to Control Is Key

The U.S. Court of Appeals for the 3rd Circuit (which covers Delaware, New Jersey, and Pennsylvania) recently concluded that the right to control, rather than actual control, is the key factor in differentiating employees from independent contractors under a state wage and hour law.

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Meal and Rest Period Class Should Have Remained Certified

On November 21, 2016, the California Court of Appeal for the 2nd Appellate District determined that it was improper for a trial court to grant an employer’s motion for decertification of class claims that it failed to provide employees proper meal and rest periods and related wage statements.

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overtme

New Report Examines Trends in Wage and Hour Class Action Suits, Settlements

Seyfarth Shaw LLP has released its 13th annual edition of the Workplace Class Action Litigation Report, which offers a complete guide to complex workplace-related litigation. In this year’s report, Seyfarth analyzed 1,331 class action rulings on a circuit-by-circuit and state-by-state basis to capture key themes from 2016 and emerging litigation trends facing U.S. companies in […]

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