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Eleventh Circuit Clarifies Standard for Cat’s Paw Liability in Employment Discrimination Cases

Posted on Employment Law News February 4, 2013 by author

In Sims v. MVM, Inc., No. 11-14481, 2013 U.S. App. LEXIS 1130 (11t Cir. Jan. 17, 2013), the Eleventh Circuit court of Appeals considered the causation standard for proving cat’s paw liability under the Age Discrimination in Employment Act (ADEA). The Court held that the proximate causation standard announced by the Supreme Court in Staub Read more →

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Copy Machines Present HIPAA Privacy Risk

Posted on Health Care Law News February 2, 2013 by author

Medical practitioners and their business associates should be aware of the potential HIPAA privacy and security liability posed by their digital copying equipment. An investigative report by CBS News revealed that nearly every printer, copier, scanner and telefax machine built since 2002 contains hard drives that capture images of every document processed. To demonstrate how Read more →

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Veganism May be a Religion for Employment Discrimination

Posted on Employment Law News February 2, 2013 by author

Is veganism a religious belief under Title VII of the Civil Rights Act of 1964?  Based on a recent order from a United States District Court in Ohio, the answer is possibly yes.   In Chenzira v. Cincinnati Children’s Hosp. Med. Ctr.,[1] the Plaintiff’s federal and state religious discrimination claims withstood the Defendant’s 12(b)(6) Motion to Read more →

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Medicare Overpayment Recoupment Lookback Period Extended to 5 Years

Posted on Health Care Law News January 31, 2013 by author

Included in the American Taxpayer Relief Act of 2012 were a number of changes to the Medicare program.  One change that could potentially have a significant impact in Medicare claims audits is an increase in the recoupment lookback period to 5 years from the prior 3 year rule.  This means that even absent an allegation Read more →

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Mandatory Employer Health Insurance Coverage Guidelines Issued

Posted on Employment Law News January 30, 2013 by author

In the Federal Register on January 2, 2013, the U.S. Treasury Department released proposed regulations that provide new guidelines for employers (generally those with 50 employees or full-time equivalents) to help them determine whether they are required to provide affordable minimum essential health coverage.  In addition, the IRS website published a series of Questions and Answers Read more →

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