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Home > 2020 > October > Archives for 27th

Archives for October 27, 2020

Political Discussions in the Workplace

Posted: October 27, 2020 | Jackson Lewis Category: HR - General

As Election Day nears, employers across the country may be wondering how they can properly address political discussions in the workplace. This article provides employers simple and straightforward strategies for managing potentially tense workplace discussions.

HIPAA Enforcement Remains Strong in 2020

Posted: October 27, 2020 | Maynard Nexsen PC Category: Benefits - HIPAA

It seems like every aspect of healthcare is changing during these uncertain times, but one thing remains the same – HIPAA enforcement is going strong. The Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS), responsible for enforcing HIPAA regulations, has been active this year in terms of settlements of potential HIPAA privacy and security violations.  More than $12.2 million has been recorded this year in resolution agreements, despite the Notification of Enforcement Discretion related to COVID-19 issued by HHS.

IRS Releases 2021 Benefit Plan Limits and Thresholds

Posted: October 27, 2020 | Jones Walker Category: Benefits - General

The Internal Revenue Service (IRS) recently announced cost-of-living adjustments that affect limitations on qualified retirement plans and health plans. The increases take effect on January 1, 2021, and are modest when compared to prior years.

Executive Order Bans Certain Diversity Trainings for Federal Contractors — May Also Impact Private Employers

Posted: October 27, 2020 | Jones Walker Category: HR - Diversity, Equity and Inclusion (DEI)

On September 22, the president issued an Executive Order on Combating Race and Sex Stereotyping, which prohibits certain types of diversity trainings for federal employees and federal contractors. The Order prohibits federal contractors from using “any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.” The prohibition on these types of training applies to any training that would ascribe “character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex.”

California Supreme Court to Hear Oral Arguments on Retroactive Application of Dynamex

Posted: October 27, 2020 | Jackson Lewis Category: California - Wage & Hour

On November 3, 2020, while the rest of the country is focused on the 2020 election, the California Supreme Court will hear oral arguments in Vazquez v. Jan-Pro Franchising Int’l, Inc. to address an unanswered question stemming from the Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court


Hacked Healthcare Provider Refuses to Pay Ransom, Attackers Target Psychotherapy Patients

Posted: October 27, 2020 | Jackson Lewis Category: HR - Health Care Industry

Earlier this year, we reported on an evolution in the form of cyberattack known as ransomware –attackers transitioning from denying affected users access to critical data by encrypting it to removing data from the compromised systems and threatening public release in exchange for payment. These attacks typically target the companies

Court Upholds Jury Verdict that Directly-Observed Urine Collections Did Not Constitute Constructive Discharge

Posted: October 27, 2020 | Jackson Lewis Category: ADA - Drug & Alcohol

A Washington appellate court upheld a jury’s verdict that an employer’s drug testing protocol requiring direct observation of urine collections did not invade an employee’s privacy and did not constitute a constructive discharge.  Ritchey v. Sound Recovery Centers, LLC, No. 53303-1-II (Wash. Ct. App. Oct. 20, 2020).

The employee, a

2021 Cost of Living Adjustments for Retirement Plans

Posted: October 27, 2020 | Jackson Lewis Category: Benefits - General

The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations on benefits and contributions for retirement plans generally effective for Tax Year 2021 (see IRS Notice 2020-79). Most notably, many of the retirement plan limitations, including the limitation on annual salary deferrals into a 401(k) or 403(b)

Demystifying President Trump's Executive Order on Diversity Training

Posted: October 27, 2020 | Littler Category: HR - Diversity, Equity and Inclusion (DEI)

Littler’s David Goldstein and James Paretti join Alyesha Asghar Dotson to talk about President Trump’s Executive Order, “Combating Race and Sex Stereotyping,” which curbs the discussion of certain topics from diversity and inclusion training provided by federal contractors and grantees.  

Michigan Provides Employers and Employees COVID-19 Protections

Posted: October 27, 2020 | Ogletree Deakins Category: Michigan

Michigan Governor Gretchen Whitmer recently signed into law four bills that encourage employers to resume business in compliance with all COVID-19 safeguards required under the various federal, state, and local statutes, rules, regulations, executive orders, and agency orders. The new laws provide a significant reward for an employer’s compliance: insulation

Surgical Masks, Respirators, and More: Employers Grapple with Personal Protective Equipment Requirements Amid Constantly Evolving COVID-19 Guidance and Laws

Posted: October 27, 2020 | Jackson Lewis Category: HR - COVID, Coronavirus

Eight months into the coronavirus (“COVID-19”) pandemic and employers in both healthcare and non-healthcare settings are grappling with requirements for employees’ use of personal protective equipment (“PPE”) and respiratory protection. Rather than clarify the requirements, continually evolving guidance from the Centers for Disease Control and Prevention (“CDC”), Occupational Health and

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