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WellPoint, Inc. Pays $1.7 Million for HIPAA Breach Arising When It Upgraded Its Information Systems

WellPoint, Inc. ("WellPoint"), a health benefits company, recently entered into a Resolution Agreement with the Department of Health and Human Services ("HHS"), in which WellPoint agreed to pay HHS $1.7 million to settle alleged violations of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Privacy and Security Rules. In J...

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New Pennsylvania Child Support Guidelines To Go Into Effect

Beginning August 9, 2013, new statewide Child Support Guidelines will go into effect. For families whose combined net monthly income is $30,000 per month or less, the change in the amount of monthly support for minor children is negligible. In most cases, the monthly amount of support will increase $20.00 per month and in some cases, the amount of ...

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Criminal Background Checks Result in EEOC Lawsuits Against Prominent National Employers

Last year, the Equal Employment Opportunity Commission ("EEOC") took significant measures to curb employer use of criminal background checks in hiring decisions by issuing new restrictive guidelines for employers.  The EEOC’s guidelines can be accessed at the following link: http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm.  ...

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WHITE HOUSE DELAYS AFFORDABLE CARE ACT’S EMPLOYER MANDATE UNTIL 2015

The White House has decided to delay implementation of the Employer Mandate provision, a key component of the Patient Protection and Affordable Care Act (the “ACA”) until 2015. The Employer Mandate provision, which was slated to become effective January 1, 2014, requires employers with 50 or more employees to offer coverage to employees...

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Notice Provisions of Affordable Care Act to Become Effective in October 2013, Department of Labor Issues Model Notices

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act of 2012 (“PPACA”) into law. The PPACA created a Health Insurance Marketplace (commonly referred to as an “Exchange”), in which consumers are given the opportunity to choose amongst a range of option to purchase health insurance coverage....

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THE SUPREME COURT DEFINES “SUPERVISOR”

Consider this:  You are sued by one of your employees who alleges that another employee has discriminatorily harassed her.  Will you be liable for the sins of the alleged harasser?  How that case will proceed against you largely depends on whether the alleged harasser is a supervisor.  However, until the U.S. Supreme Court&rsquo...

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The Supreme Court Sets the Standard for Proving a Retaliation Claim

Title VII of the 1964 Civil Rights Act prohibits employment discrimination on the basis of race, color, religion, sex and national origin and also prohibits retaliation against an employee who opposes such discrimination or who participates in Title VII proceedings (generally called “protected activity”).  In University of Texas v....

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The Fair Share Act

As the two year anniversary of the Fair Share Act’s passage comes and goes, so too does the statute of limitations for civil actions accruing before June 28, 2011. With few exceptions, such as cases involving minors, civil actions with a two year statute of limitations, commenced on or after June 28, 2013, will now be under this modified sche...

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Effects of the Patient Protection and Affordable Care Act on Businesses: The Employer Mandate

Since its affirmation by the Supreme Court in June of 2012, the Patient Protection and Affordable Care Act of 2010 (the “Health Care Law”) has been in the forefront of long-range planning for businesses of all sizes. The requirements of the Health Care Law have been implemented in phases, with the Employer Mandate scheduled to begin Jan...

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D.C. Court of Appeals Invalidates NLRB’s Notice Posting Rule

In a unanimous decision, the D.C. Court of Appeals rejected the National Labor Relations Board’s “notice posting rule” which would have required employers to conspicuously display the Board’s employee-rights poster informing employees of their rights under the National Labor Relations Act (“NLRA”), including the ...

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