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OFCCP Proposes Revised Scheduling Letter for Compliance Checks

Jackson Lewis P.C. • April 21, 2019
This is the second in our series of blogs on OFCCP’s proposed changes to its various scheduling letters.

EIGHTH CIRCUIT RULES AGAINST THIRD PARTY ADMINISTRATOR IN CROSS-PLAN OFFSETTING IN GROUP HEALTH PLANS

Jackson Lewis P.C. • April 21, 2019
On January 15, 2019, the federal Eighth Circuit Court of Appeals issued its decision in Peterson v. UnitedHealth Group, Inc., 913 F.3d, 769 (8th Cir. 2019), in which the Court upheld the federal district court’s holding that UnitedHealth Group, Inc. (“United”) was not authorized to reduce (or “offset”) payments to medical providers under ERISA group health plans for which United was the third-party administrator (or “TPA”) by the amounts United determined had been previously overpaid to the same providers under completely different group health plans also administered by United. This practice is known as “cross-plan offsetting.”

Secret Video Surveillance Found in Hospital Labor and Delivery Rooms

Jackson Lewis P.C. • April 21, 2019
The New York Times newly established Privacy Project, recently highlighted the extent to which our society has created a “facial recognition machine” – cameras are everywhere, even in doorbells. Segments of society have accepted widespread surveillance on public streets, shopping malls, and in common areas of office buildings, apartment complexes, schools and similar places. But there are limits.

Poster Released for the Westchester County Earned Sick Leave Law

Jackson Lewis P.C. • April 21, 2019
Westchester County has released a poster for the Westchester County Earned Sick Leave Law (“WCESLL”). By July 10, 2019, all employers covered by the law must post the poster in English, Spanish and any other language deemed appropriate by the County of Westchester, in a conspicuous location. To date, Westchester County has only released the poster in English.

Bill Which Would Expand the CCPA Private Right of Action Moves Forward

Jackson Lewis P.C. • April 21, 2019
As we reported, in late February, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced Senate Bill 561, legislation intended to strengthen and clarify the California Consumer Privacy Act (CCPA).

Massachusetts Releases Paid Family and Medical Leave Employee Template Notices

Jackson Lewis P.C. • April 21, 2019
The Massachusetts Department of Family and Medical Leave (DFML) has released template notices employers may use to fulfill the notice requirement to employees and 1099-MISC independent contractors under the Massachusetts Paid Family and Medical Leave Act (PFMLA), G.L. c. 175M. Employers must provide a notice to their current workforce by May 31, 2019.
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