Category: Legal Insights

Posted January 7, 2015

Can the EEOC Be Trusted to Police Its Own Compliance?

Labor and employment Shareholder Mark Girouard discusses Mach Mining, LLC v. EEOC, which poses the question of whether employers may challenge in court the EEOC’s filing of a lawsuit on the basis that the Commission failed to attempt resolution in good faith.

Posted May 7, 2014

Don’t “Friend” the Juror – New Ethical Guidelines Issued for Attorneys on Social Media

The American Bar Association’s Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 466, addressing the use of social media and other Internet resources to research both potential and seated jurors. Not surprisingly, the practice has become more …

Posted July 9, 2013 with Tags law, legal, Business Law

The Rise of Associations, the Risk of Antitrust

There is an association for every type of health care provider and for every type of business that serves health care providers. Associations struggle with the allure of wanting to help their members share information and practices. If information sharing …

Posted July 9, 2013 with Tags law, legal, Business Law

My Health Plan Is Now My Provider?

In effort to more effectively manage their members, health plans are getting into the business of providing care. Some larger HMOs now employ nurse practitioners, for example, to work in the field and service long-term care centers. Are plans being …

Posted July 9, 2013 with Tags legal, Business Law, law

Retooling Provider Payment Through Population Healthcare Management

Commercial health plans are beginning to explore models outside of the normal fee-for-service approach, paying providers based on quality outcomes and demonstrated behavior changes. This change requires increased amount of trust and partnership between health plans and health providers as …

Posted July 9, 2013 with Tags law, legal, Business Law

The Specter of State Regulation Amidst Increased Health Insurance

The scope of health insurance was effectively broadened as a result of the federal government’s decision to place health insurance at the center of the Affordable Care Act. Medicaid Expansion will also expand the number of people with access to …

Posted July 9, 2013 with Tags law, legal, Business Law, Health Care

The Stronger Push for Incentives

With CMS relaxing its cap on member benefits, what new initiatives might health plans roll out and how far will they push the envelope to incent members towards specific kinds of care services? Similarly, recent opinions from the OIG seem …

Posted June 26, 2013 with Tags employer liability, hiring, law, liability, department of labor, legal, Business Law, EEOC

Breaking News: What the Supreme Court’s Ruling on the Definition of Marriage Means for Employers

In 2012 and 2013, a handful of states joined the ranks of those who recognize same-sex marriage, making it more likely that national employers are impacted by the varying marriage laws, whether they realize it or not. And with Section …

Posted June 24, 2013 with Tags Business Law, HR, background checks, staffing, criminal background checks, EEOC, employer liability, hiring, law, liability, department of labor, legal

Background Check? Not so Fast. “Ban the Box” Efforts Expanding Nationally

On May 13, 2013, Minnesota became the latest state to put new measures into place restricting employers’ abilities to inquire about criminal histories on job applications. Many cities and counties nationwide have also taken this step, with others considering similar …

Posted June 24, 2013 with Tags legal, Business Law, HR, EEOC, employer liability, hiring, law

EEOC Making Aggressive Moves to Investigate Pay Equity

A heads-up to employers: The U.S. Equal Opportunity Employment Commission (EEOC) may soon be knocking on your door demanding to audit your pay practices. As part of a program being piloted by three of its regional offices, the EEOC is …

Posted February 18, 2013

News Tips -The Unemployed: A Protected Class?

Historically, gaps in employment history, including present unemployment, have often served as “red flags” for employers during the screening and hiring process. With the national unemployment rate hovering at or above nine percent, Congress, aided by the support of the …

Posted January 22, 2013

Incriminating the Criminal Background Check

Criminal background checks have become commonplace in today’s employment environment, as computerized records efficiently and systematically reveal potential or existing employees’ run-ins with the law. However, guidance and regulations issued by the U.S. Equal Employment Opportunity Commission (EEOC) suggest that …

Posted December 19, 2012

Is it Lawful to Include Education Requirements in Job Postings?

“Education degree required” has been a common refrain within job postings for years, but new rumblings from equal employment authorities claim that such prerequisites can easily have a disparate impact on protected classes like minorities or those with disabilities. In …

Posted July 25, 2011

U.S. Supreme Court Hands Down Unanimous Reversal of Public Nuisance Appeal for AEP v. Connecticut

U.S. Supreme Court Hands Down Unanimous Reversal of Public Nuisance Appeal for AEP v. Connecticut In a June 20, 2011 decision, the U.S. Supreme Court unanimously reversed the U.S. Second Circuit Court of Appeals, holding that a combination of states, …