Informed Employer: Regulations You Never Want To Have To Comply With Informed Employer: Regulations You Never Want To Have To Comply With

Informed Employer: Regulations You Never Want To Have To Comply With

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Ebola Unlikely to Qualify Under Workers' Compensation Exposure
Judged against the qualifying factors presented, is Ebola a true workers' compensation exposure for most employers? Unless it can be proved that the employee has an increased risk of contracting Ebola because of a peculiarity of his job, this virus is not occupational.
(Source: Insurance Journal, 2014-10-10) Read the full article
Obama to Announce Apprenticeship Grants to Address 'Skills Mismatch'
The latest low rate of unemployment -- hovering below 6% -- obscures a deeper, longer-term problem: "skills mismatches" in the labor force, which will only worsen in years to come. One solution has enchanted employers, educators, and policymakers on both sides of the aisle: European-style apprenticeship.
(Source: Quartz, 2014-10-19) Read the full article
Data Show Employers Taking Record Time to Fill Open Positions
Employers are taking a record-long time to fill open positions, highlighting a major challenge that companies face in a strengthening economy, according to data. The average length of time that it took to fill an open position rose to 26.5 working days in August -- the most since data collection began in 2001 -- up from 24.4 days in July, reported Dice Holdings, a New York-based provider of career sites.
(Source: MarketWatch, 2014-10-08) Read the full article
Labor Dept. Coordinating with 16 States on Worker Misclassification
Alabama's Labor Department has agreed to work with the U.S. Department of Labor to crack down on businesses that classify people as independent contractors when they are really regular employees. Alabama is the 16th state to sign an agreement to share information and coordinate enforcement.
(Source: Insurance Journal, 2014-10-07) Read the full article
More Companies Moving Workers to Private Health Exchanges
Aon Hewitt said its private exchange enrollment will grow by 60 percent to 1.2 million enrollees in 2015 as more companies give workers a credit to buy health coverage in an online marketplace. Aon is one of the health benefits industry's pioneers in the development of private exchanges along with benefits consultancy rivals like Mercer, a subsidiary of Marsh & McLennan Companies and Towers Watson.
(Source:, 2014-10-08) Read the full article
Workers Likely to See Higher Health Premiums, Out-of-Pocket Costs
Fall is enrollment season for many people who get insurance through their workplace. Premium increases for 2015 plans are expected to be modest on average, but the shift toward higher out-of-pocket costs overall for consumers will continue as employers try to keep a lid on their costs and incorporate health law changes.
(Source: NPR, 2014-10-14) Read the full article
Survey Finds Companies Refocusing on 401(k)s
A survey of 751 employers, conducted for the non-profit Transamerica Center for Retirement Studies, found that 79% of employers are offering 401(k)s or similar plans now up from 72% in 2007. Catherine Collinson, president of the Transamerica Center for Retirement Studies, says, "As they are hiring additional employees, they recognize that retirement benefits are important for attracting and retaining talent."
(Source: USA Today, 2014-10-20) Read the full article
Starbucks, Leader in Retail Benefits, Ups Pay, Loosens Dress Code
Starbucks kicked off its holiday season with gifts for its employees. The Seattle coffee giant announced Thursday it will pay its U.S. employees more and relax its dress code to allow tattoos and other forms of self-expression to show.
(Source: Seattle Times, 2014-10-16) Read the full article
Tech Cos Adding $20K Egg Freezing Benefit for Workers, Spouses
Apple and Facebook are adding egg freezing to the list of benefits offered to employees, with the egg freezing perk estimated to be worth about $20,000. Companies say they’re just giving female employees what they want but it’s likely that there’s a more selfish reason: keeping female employees at their jobs a little longer.
(Source:, 2014-10-17) Read the full article
Ex-Oracle Employee Sues Firm Over Google No-Poaching Agreement
A former employee of Oracle has sued the company for allegedly conspiring with Google to prevent poaching of certain categories of managers from each other, in a bid to keep salaries low. Oracle's restricted hiring agreement with Google was part of a bigger conspiracy by technology companies, located mainly in Silicon Valley, that prevented solicitation of each other's managers, according to a class action complaint from Greg Garrison, who handled sales of Oracle's Crystal Ball software from about December 2008 to June 2009.
(Source: Computerworld, 2014-10-16) Read the full article
Regulations You Never Want To Have To Comply With


Pete Wade


OSHA has a vast array of regulations. Figuring out which apply to your industry can take specialized expertise. The regulation that no business wants to have to deal with, those relating to deaths on the job and other catastrophes at work, is about to change.

Under OSHA’s revised Rule which is effective January 1, 2015, Companies are required to notify OSHA of work related fatalities within eight hours. Work related in-patient hospitalizations of a single employee, an amputation or loss of an eye must be reported within 24 hours. The old regulations required an employer to report work related fatalities and hospitalizations of three or more employees within eight hours. Therefore, the rule has been expanded to include a single hospitalization, an amputation or the loss of an eye and the Company has 24 hours to make a report of these events. OSHA is developing a web portal so that these reports can be electronically reported. As of now, reports can be made by phone to your local area office or the National Office.

Read the full article here.



Ice Miller, as a member of the Wage & Hour Defense Institute, invites you to a free online webinar regarding the FLSA

Join Practical Law and the Wage & Hour Defense Institute for a free, 60-minute webinar providing guidance on dealing with misclassified employees under the FLSA, including potential misclassification of employees discovered during an internal wage and hour audit.

Click here for more information.


Reimbursing Medicare Does Not Stop A Private Cause of Action Claim Under The Medicare Secondary Payer Act

A recent federal decision in Estate of Clinton McDonald v. Indem. Ins. Co. of N. Am, has set a precedent for the use of the private cause of action provision under the Medicare Secondary Payer Act (MSPA) that a primary payer can be held liable for double damages even after reimbursing Medicare. The MSPA, 42 U.S.C. § 1395y(b)(3)(A), establishes “a private cause of action for damages (which shall be in an amount double the amount otherwise provided) in the case of a primary plan which fails to provide for primary payment (or appropriate reimbursement)” in accordance with the MSPA.

Clinton McDonald was injured in a work related motor vehicle accident on May 10, 2007. McDonald passed away on November 5, 2007, as a result of those injuries. Medicare paid $180,185.75 for injury related medical bills during this timeframe. McDonald’s employer disputed that his death was caused by the work related accident. On December 28, 2009, the Kentucky workers’ compensation board found McDonald’s death was related to the accident and ordered the employer’s insurance carrier, Indemnity Insurance, to pay for McDonald’s medical expenses.

Read full article here.


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