Adjusting Wellness Programs for Compliance

The EEOC has created new, aggressive standards regarding wellness (and some health) programs. This new registration comes from issues arising from employers pressuring employees to sign up for wellness programs that might effect their health benefits. Employers may only punish or reward employees who do or do not participate to certain percents.

Key Takeaways:

  • The EEOC also regulates wellness programs, but it “has a much more antagonistic view” of these programs
  • The EEOC regulates wellness programs through its enforcement of the Americans with Disabilities Act
  • The EEOC has brought several lawsuits challenging certain aspects of employee wellness programs

“”a wellness program is voluntary as long as an employer neither requires participation nor penalizes employees who do not participate.””

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/well-being-congress.aspx?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+shrm%2Femploymentlawsregulations+%28SHRM+Online+Employment+Laws+and+Regulations+News%29

First Circuit Affirms Another Insider-Trading Conviction

This article is about, the Defense Trade Secrets Act, a law that protects federal secrets. The DTSA does this by, broadening what is considered “trade secret”, giving the law autonomy in defending those secrets. It also affects how other’s handle the disclosure of these secrets. In addition, the law protects people who blow the whistle on government secrets, discretely to government officials.

Key Takeaways:

  • MCPhail was found guilty on charges of insider trading
  • He appealed on the basis of that the court ruled he should have known it was insider trading
  • His appeal was denied and the conviction upheld.

“As in the Parigian case, the court assumed that the personal-benefit requirement applies in misappropriation cases, not only in classical insider-trading cases (where an insider trades on confidential corporate information or discloses it in exchange for a personal benefit).”

http://www.natlawreview.com/article/first-circuit-affirms-another-insider-trading-conviction

Consumer Reports Is Trying To Troll The FDA Into Regulating Supplements

After reading the article, I get a sense we need to be concerned about the safety and authenticity of some of the supplements that are sold on info-mercials or possibly health food stores. Not only could these products be dangerous to our health, they may not work at all. The pricing is on the high end of the scale and people may be scammed into a product that delivers no real results.

Consumer Reports Is Trying To Troll The FDA Into Regulating Supplements

Sleeping on the Job Disqualifies Residential Counselor from Unemployment

An overnight employee was found sleeping on the job several times, issued written warnings and eventually terminated for his conduct. His right to unemployment was also taken from him due to New Jersey law stating that repeated violation of work policy disqualifies an employee from receiving unemployment benefits, as the employee violated the given rules knowingly. This particular employee admitted to having received his job description for his overnight care job and still slept through his shift.

Sleeping on the Job Disqualifies Residential Counselor from Unemployment

Lebanese National Extradited from Malaysia to Face Charges in Wide-Ranging Counterfeit Currency Plot with Ties to Lebanon and Iran

Lebanese national Louay Ibrahim Hussein arrived in the United States ttoday to appear in court for distributing large amounts of fake money believed to be used in markets all over the world. This happened after a large sum of the counterfeit money was sold to an under cover agent posing as someone working in the US as a criminal. The investigation revealed that he as well as others were a part of an organization, and led him to be extradited to face trial in the United States.

Key Takeaways:

  • On July 22, Louay Ibrahim Hussein had his initial appearance at the federal courthouse in Brooklyn, New York, before U.S. Magistrate Judge Lois Bloom.
  • The investigation has revealed that Hussein and his co-defendants are members of a multinational criminal network engaged in the production and distribution of counterfeit U.S. currency.
  • “This investigation highlights the immeasurable effectiveness of law enforcement partnerships in combatting fraud,” said Secret Service Special Agent in Charge Beach. “We will continue to work closely with our domestic and international partners to defeat criminal enterprises and protect the Nation’s financial infrastructure.”

“The investigation has revealed that Hussein and his co-defendants are members of a multinational criminal network engaged in the production and distribution of counterfeit U.S. currency. In conversations with the undercover agent and others, Hussein claimed to have access to as much as $800 million in high-quality counterfeit U.S. currency for sale to clients based in Iran and elsewhere, and offered to procure weapons, narcotics and counterfeit currency and to have them shipped through U.S. ports.”

https://www.justice.gov/opa/pr/lebanese-national-extradited-malaysia-face-charges-wide-ranging-counterfeit-currency-plot

Approving FMLA Leave Does Not Automatically Rule Out Liability

This blog post brings to light an employee who was terminated after returning from his FMLA one month leave. This employee did not complete the full month of leave he was granted and returned to work early, and was soon terminated. Employees who are granted approved medical leave should be able to take that time without the worry of their job being there when they return- they should not need to worry about receiving the required paperwork or having to “plan” their medical leave in order to keep their job.

Approving FMLA Leave Does Not Automatically Rule Out Liability

Justice Department Files Lawsuit Against Credit Union for Illegally Repossessing Servicemembers’ Cars

COPOCO Community Credit Union had been illegally repossessing cars from active service members. These service members were on honorable active duty and the law requires credit unions to check this list before repossession. A court order would be need to reposess a car from an active member. Fines of 60k for first offense and 120k for each additional have been imposed on the Credit Union.

Justice Department Files Lawsuit Against Credit Union for Illegally Repossessing Servicemembers’ Cars

Changes to Small Business Subcontracting On the Horizon

The Federal Acquisition Regulation (FAR) Council implemented regulations last week that were first adopted by the Small Business Administration in 2013. The ruling imposes business-related obligations on prime contractors and lays out consequences for failing to abide by by those requirements. The major features of the ruling include repercussions for failure to make “good faith” efforts, clarification of subcontracting plans, NAICS codes that accurately correspond to the intent of the subcontract and a requirement that contractors take such factors as subcontracting goals and achievements to determine the total value of projects to present for specified IDIQ contracts.

Key Takeaways:

  • Contractors must include assurances in their small business subcontracting plans that they will use “good faith efforts” to use the small business subcontractors identified in their bid or proposal.
  • Should a contractor not acquire from a small business identified in the bid or proposal, the contractor must inform its contracting officer in writing within 30 days of contract completion.
  • A failure to provide good faith efforts results in a material breach of the contract that could lead to liquidated damages. The failure could also be considered in future past performance evaluations.

“large prime contractors would be well advised to assess developing new subcontracting plans to confirm compliance with the Final Rule’s requirements.”

http://www.natlawreview.com/article/changes-to-small-business-subcontracting-horizon

Virginia Gov. McAuliffe Still Plans to Give Back Felons’ Voting Rights Despite Court Loss

The Supreme Court of Virginia struck down an executive order by the governor to grant voting rights to convicted felons. The Court’s majority decision indicated that the governor did not have the right to issue such a sweeping order. However the governor has vowed to issue and sign over 200,000 individual orders to restore each felon’s voting rights.

Key Takeaways:

  • In a 4-3 ruling announced Friday, the Supreme Court of Virginia struck down Governor Terry McAuliffe’s executive order that restored voting rights to over 200,000 felons
  • “The men and women whose voting rights were restored by my executive action should not be alarmed,” he wrote. “I will expeditiously sign nearly 13,000 individual orders to restore the fundamental rights of the citizens who have had their rights restored and registered to vote. And I will continue to sign orders until I have completed restoration for all 200,000 Virginians.”
  • Writing for the majority in Friday’s ruling, Chief Justice Donald W. Lemons said McAuliffe violated the state constitution by issuing such widespread clemency.

“Writing for the majority in Friday’s ruling, Chief Justice Donald W. Lemons said McAuliffe violated the state constitution by issuing such widespread clemency.”

http://lawnewz.com/high-profile/virginia-gov-mcauliffe-still-wants-to-give-back-felons-voting-rights-despite-court-loss/