Monthly Archives: April 2010

British Columbia Introduces Clean Energy Act

Today, the British Columbia government introduced the much anticipated Clean Energy Act into the BC Legislature.

Here is a copy of the first reading of the Act (Bill 17) and here is the government’s press release on the annoucement.

Finally, it is worth to check out the government’s website for the Clean Energy Act which contains some good background information on the Province’s new clean energy plan.

More analysis to come….still need to digest all of this.

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Immigration Alert: April 2010

Jang Im Elected President of the Northern California Korean-American Bar Association

Arizona Law Criminalizes Undocumented Aliens

DOL Directs Software Company to Pay $1.9 Million for Underpaying H-1B Workers

Maryland Restaurant Owner Arrested for Hiring and Harboring Illegal Aliens

Courts Continue to Apply RICO to Immigration Violations

ICE Expands List of ‘Best Practices’ on Its IMAGE Web Site

Comprehensive Immigration Reform

Third Circuit Rules that DOL Retains Authority to Punish H-1B Violations

Koch Foods Fined More than $536,000 for Worksite Violations

CIS Announces Three Measures Designed to Improve E-Verify, Combat Discrimination

Secretary Napolitano Announces Greece’s Designation as a Member of the Visa Waiver Program

DOS Issues May 2010 Visa Bulletin

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Lidings celebrates its 4th birthday

Lidings celebrates its 4th birthday

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New Healthcare Legislation Brings FLSA Whistleblower Protections

By Allen B. Roberts, Douglas Weiner

While most attention in the legislative and political process leading to enactment of the Patient Protection and Affordable Care Act (“PPACA”) focused on the significant impact on the delivery of health care, employers need to be aware, also, of amendments to the Fair Labor Standards Act (“FLSA”). The FLSA amendments impose certain employer responsibilities in providing health care benefits, confer whistleblower protections and authorize the U.S. Department of Labor (“DOL”) to undertake increased enforcement related to health care.

While other features of the FLSA amendments are addressed in our client alert, “Health Care Reform Legislation Amends the Fair Labor Standards Act to Give the U.S. Department of Labor Increased Enforcement Authority over Health Care,” here is a summary of whistleblower protections:

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LAURIE ALEXANDER-KROM PARTICIPATES IN NEHRA TECHNOLOGY FORUM ON MASSACHUSETTS DATA SECURITY REGULATIONS

April 26, 2010 – Boston, MA
For more information contact: Jeanie Griggs
(617) 589-3895; jgriggs@davismalm.com

On April 26, Davis Malm attorney Laurie Alexander-Krom participated in a Northeast Human Resources Association (NEHRA) Technology Forum on the new Massachusetts data security regulations. Ms. Alexander-Krom provided an overview of the regulations and discussed what Massachusetts businesses must do to comply. Ms. Alexander-Krom was joined by Doug DeMio, Manager of IT Security at Neighborhood Health Plan, who discussed the new regulations’ technical requirements.

About Davis, Malm & D’Agostine, P.C.
Founded in 1979, Davis Malm is a premier mid-sized, full-service New England firm. The firm provides sophisticated, cost-effective legal representation to local, national, and international public and private businesses, institutions, and individuals in a wide spectrum of industries. The attorneys at the firm practice at the top level of the profession and deliver successful results to clients through direct partner involvement, responsive client service, and practical and creative problem solving.

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HEALTH REFORM: Health Care Reform Increases Employer Exposure to Claims, Penalties and Litigations

The Patient Protection and Affordable Care Act as amended by the Health Care and Education Reconciliation Act of 2010 (the “Act”) implements significant changes to the provision of health care and health coverage applicable to all aspects of health care delivery, operation and administration. The Act imposes many different requirements on employers that become effective over time. These requirements are discussed in more detail in our Client Alert of April 8, 2010, entitled “Health Care Reform: What Employers Need to Know.” 

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Patient Protection and Affordable Care Act – Advisory Boards, Commissions, Councils and Committees

In March 2010, President Obama signed into law the Patient Protection and Affordable Care Act and related amendments (“ACA”) to help achieve significant health reform in the United States. ACA authorized the creation of numerous advisory boards, commissions, councils and committees.

Each of these advisory bodies has its own purpose, membership, and composition, with different policies governing pay and reimbursement, applicable conflict of interest rules, effective dates and term limits. Several will operate consistent with the Federal Advisory Committee Act (5 U.S.C. App.) with the exception of section 14 of that Act (which addresses the termination, renewal and continuation of advisory committees). 

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HEALTH REFORM: Health Care Reform Legislation Amends the Fair Labor Standards Act to Give the U.S. Department of Labor Increased Enforcement Authority Over Health Care

The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (the “Act”), significantly impacting the delivery of health care, also amends the Fair Labor Standards Act (“FLSA”). The FLSA amendments impose certain employer responsibilities in providing health care benefits, confer whistleblower protections and authorize the U.S. Department of Labor (“DOL”) to undertake increased enforcement related to health care. Employers have new requirements to learn, and to implement, under the FLSA, irrespective of their size or the number of employees in their workforce.

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Newly Constituted Administrative Review Board Allows Equitable Considerations to Extend 90-Day Statute of Limitations for Whistleblower Claims

By: Allen B. Roberts, Victoria M. Sloan

Employers who thought they were free of exposure if no complaint was filed within the statute of limitations applicable in Sarbanes-Oxley (“SOX”) and other whistleblower claims administered by the Secretary of Labor need to recalibrate their risk based on a recent decision allowing equitable estoppel.

In Hyman v. KD Resources, an employee missed the 90-day SOX statute of limitations by filing his complaint 160 days after he was discharged. Two newly appointed members of the Administrative Review Board (“ARB”) allowed the complaint to survive and remanded it to the Administrative Law Judge who had dismissed it as untimely.

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COBRA SUBSIDY EXTENDED THROUGH MAY 31, 2010

Congress has extended the subsidy for COBRA benefits through May 31, 2010.  The previous extension of the COBRA subsidy had expired on March 31, 2010.  The COBRA subsidy provides a 65% health insurance premium subsidy for up to 15 months to qualified employees who are involuntarily terminated from their employment between September 1, 2008 and [...]

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