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Legislative Update for the Week of May 3

Posted on May 10, 2010 by Littler Mendelson

Leg Roundup Image 132 by 140.jpgHealth Care Law Will Impose Various Obligations on Employers, Insurers Over Time
The newly enacted Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (collectively known as "PPACA"), has set in motion significant changes to this country's health care system, many of which have and will impose new responsibilities on employers, insurers, benefits administrators, and the health professional community in general. Read the full post here. (May 7)

Department of Labor Announces "Plan/Prevent/Protect" Business Compliance Program
The Department of Labor announced a new regulatory and enforcement strategy, the "Plan/Prevent/Protect" initiative, that will require businesses to establish and enforce plans for identifying and remedying labor law violations. Read the full post here. (May 6)

Senate Committee Holds Hearing on Older Worker Protections Bill
The day after the House Subcommittee on Health, Employment, Labor and Pensions conducted a hearing on the Protecting Older Workers Against Discrimination Act (H.R. 3721, S. 1756), the Senate Health, Education, Labor and Pensions Committee held its own hearing on the issue, highlighting the significant attention the bill is receiving on Capitol Hill. Read the full post here. (May 6)

OSHA to Hold Stakeholder Meetings on the Modernization of Injury and Illness Data Collection
The Occupational Safety and Health Administration (OSHA) plans to conduct stakeholder meetings and solicit written comments on its current injury and illness recordkeeping collection methods, in preparation for regulatory action to modernize the system. Read the full post here. (May 6)

OSHA Seeks Comment on Occupational Exposure to Infectious Diseases in Health Care Settings in Preparation for Possible Regulatory Action
The Occupational Safety and Health Administration (OSHA) is seeking information and comment on occupational exposure to infectious agents in health care and health care-related settings in order to determine whether it will take further regulatory action to limit the spread of occupationally acquired infectious diseases. Read the full post here. (May 6)

Department of Labor Unveils Federal Disability Law Compliance Website for Employers
The Department of Labor has launched an interactive web tool, the Disability Nondiscrimination Law Advisor, which "is designed to help employers determine which federal disability nondiscrimination laws apply to their business or organization," and "helps recipients of federal financial assistance understand their responsibilities under these laws." Read the full post here. (May 5)

House Subcommittee Conducts Hearing on the Protecting Older Workers Against Discrimination Act
The House Subcommittee on Health, Employment, Labor and Pensions held a hearing on the Protecting Older Workers Against Discrimination Act (H.R. 3721, S. 1756), legislation that would overturn the June 18, 2009 Supreme Court decision in Gross v. FBL Financials Services, Inc. in which the Court held that a plaintiff bringing a claim under the Age Discrimination in Employment Act must show by a preponderance of the evidence that age was the "but for" cause of the employer's adverse employment decision. Read the full post here. (May 5)

HHS Releases Interim Final Rule on Early Retiree Reinsurance Program
The U.S. Department of Health and Human Services (HHS) has issued interim final regulations to implement the provisions of the Early Retiree Reinsurance Program, the temporary cost assistance program instituted as part of the Patient Protection and Affordable Care Act. Read the full post here. (May 5)

New York University Graduate Students Petition for Union Recognition
The Graduate Student Organizing Committee has filed a petition with the National Labor Relations Board demanding union recognition for NYU graduate students who work as teaching and research assistants. Read the full post here. (May 5)
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