The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can prove that unlawful discrimination occurred. Specifically,
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The Florida Office of Insurance Regulation Amends the Application for Certificate of Authority for Health Maintenance Organizations
Applicants for a health maintenance organization (HMO) certificate of authority (COA) in Florida must use a new application form effective January 28, 2024. After rule development by the Florida Office of Insurance Regulation, the Florida Department of Financial Services adopted…
California Employers Must Comply With Workplace Violence Prevention Requirements by July 1, 2024
A new California law taking place on workplace violence requires employers to develop and implement written plans and interactive training to prevent and respond to on-the-job threats of violence by July 1, 2024. Among other things, Senate Bill 553 requires…
The Secret Is Out: Updates to New York’s Non-Disclosure Law
New York is closing out 2023 by ushering in sweeping amendments to its law governing non-disclosure agreements (NDAs) in certain settlement agreements. The amendments represent the next step in New York’s ongoing effort to regulate the use of NDAs, particularly…
OCR Will Focus on You if You Don’t Focus on Cybersecurity
With a couple of “firsts,” the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is signaling that it is cracking down on healthcare organizations that fail to identify and address cybersecurity vulnerabilities as required by…
California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers
With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently enacted California laws, with the…
A Modern Approach: USCIS Proposes to Update the H-1B Program
USCIS is proposing to modernize the H-1B visa program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures related to the lottery. Employers are invited to participate in the…
Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17
While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with employers for violations of Rule 21F-17 —…
Compliance Officers: Read the New OIG General Compliance Program Guidance!
The Office of Inspector General of the U.S. Department of Health and Human Services (the OIG) recently released an updated General Compliance Program Guidance document (GCPG). The GCPG has been anticipated since the OIG announced on April 25, 2023, that…
Pain and a Half: How DOL’s New Overtime Proposal Could Drastically Change Your Business
The U.S. Department of Labor (DOL) recently rocked the business world when it announced a Proposed Rule that, if implemented in its current form, would force employers around the country to increase salaries for millions of currently exempt workers or…