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Searching for Articles published in September 2017.
Found 4 Results.

Ag-Visor

Posted on September 7, 2017, Authored by Linda M. Danielson, Amy E. Ebeling, Ashley L. Hawley, John D. Leary, Steven P. Lipowski, Joseph M. Mella, Robert J. Reinertson, Christopher M. Seelen, Russell W. Wilson, Filed under Ag-Visor

Judge Strikes Down DOL’s Proposed Overtime Rule!

Posted on September 8, 2017, Authored by Sara J. Ackermann, Filed under Employment

Finally, it appears we have closure on this saga that started over a year ago!  On August 31st, the same Texas federal district court judge who granted a preliminary injunction last November delaying the effective date of the Department of Labor’s new overtime rule, issued a final judgment invalidating the rule.  As you may recall, the Obama-era overtime rule attempted to: double the minimum salary required for exemption from overtime of executive, administrative, and professional employees from $455 to $913 per week. establish a mechanism to automatically update the salary and compensation levels every three years.  In his decision, the district court judge concluded that: Congress unambiguously directed the [DOL] to exempt from overtime pay employees who perform bona fide executive, administrative, or professional capacity duties. However [the new DOL rule] makes overtime status depend predominately on a minimum salary level, thereby supplanting an analysis of an employer’s job duties. . . . Because the [rule] would exclude many employees who perform exempt duties, the [DOL] fails to carry out Congress’s unambiguous intent. For similar reasons, the judge struck down the automatic salary updates as well. What Wisconsin employers need to know: Whether the DOL under the current administration will propose any overtime rules remains to be seen, but we do not anticipate any major changes in the foreseeable future. We will keep you posted on further developments! If you have questions, contact your favorite employment law attorney!  

Inspector General Audit Could Impact Skilled Nursing Facilities

Posted on September 12, 2017, Authored by Robert J. Reinertson, Filed under Health Care

Skilled nursing facilities (SNF) may see even more scrutiny from the Centers of Medicare and Medicaid Services (CMS) because of a recent audit conducted by the Office of Inspector General of the U.S. Department of Health and Human Services.  The audit looked into abuse and neglect of Medicare recipients residing in SNFs and the associated oversight role of CMS. In an “Early Alert” memorandum announcing the results of the audit, the Inspector General concluded that (1) a significant percentage of abuse and neglect incidents are not being reported and (2) the CMS lacks sufficient procedures to ensure that incidents are identified and reported.  Under federal law, federally funded long-term care facilities must immediately report any reasonable suspicion of a crime committed against a resident.  The reports must be submitted to law enforcement authorities and to the CMS-designated State Survey Agency.  “Immediately” means within two hours if the incident caused serious bodily injury and within 24 hours if it did not.  (While it is beyond the scope of this article, nursing facilities have been under a November 28, 2017 deadline to implement policies and procedures for reporting crimes, pursuant to a Final Rule to revise Medicare and Medicaid participation requirements for nursing facilities that CMS published on October 4, 2016.) According to the memorandum, the Inspector General identified 134 Medicare recipients who received emergency room care for injuries from abuse and neglect at SNFs from January 1, 2015 through December 31, 2016.  The audit also found that 28% of these incidents were not reported to law enforcement, in violation of the law.  CMS is responsible for oversight and compliance with Medicare health and safety standards.  CMS delegates a variety of these tasks to the State Survey Agencies.  The Inspector General determined that CMS procedures are not adequate to ensure that abuse and neglect of Medicare recipients in SNFs are identified and reported.  The Inspector General recommended to CMS that it change its procedures to provide better protection of Medicare beneficiaries, including implementing regulations to impose penalties for violations of the reporting requirements and to direct State Survey Agencies to report violations of reporting requirements to CMS. CMS will likely take action in response to the memorandum and SNFs will likely eventually feel the fallout.  Facilities should make sure they are compliant and maintain compliance with all current and impending crime reporting regulations.  The Inspector General’s memorandum may be accessed through this link:  https://oig.hhs.gov/oas/reports/region1/11700504.pdf

Annual Employment, Benefits & Labor Relations Law Conference - Fall 2017

Posted on September 18, 2017, Authored by ,

Westwood Conference Center 1800 Westwood Center Blvd Wausau, WI  54401 Printable invitation Registration  7:30 a.m. Welcome and Introductions  8:00 a.m. Ageism in the Workplace  8:05 a.m. - 9:30 a.m. Attorneys Sara Ackermann and Kevin Terry Kevin and Sara will lead a discussion of legal issues surrounding the aging workforce.  Topics will include discrimination, harassment, severance agreements, Medicare secondary payor, diminished capacity, and disability issues. Break  9:30 a.m. - 9:45 a.m. Workplace Threats and Crisis  9:45 a.m. - 10:45 a.m. Attorneys Mary Ellen Schill and Dean Dietrich Dean and Mary Ellen will share: An overview of Wisconsin’s new Safe at Home Program Discussion of how the program impacts employee benefit plan [and HR] administration Know your responsibilities with respect to benefit plans in the event of an employee death. Short Break: 10:45 a.m. - 10:55 a.m. OSHA Update  10:55 a.m. - 11:10 a.m. Attorney Bob Reinertson Bob will provide an update on OSHA's injury reporting, anti-retaliation, and drug testing rule.  Questions addressed include: Are you required to submit injury information to OSHA's new electronic "portal"?   Do your drug testing and safety incentive policies comply with the rule?   And might the Trump Administration change the rule? What Triggers an Investigation?  11:00 a.m. - Noon Attorneys Kevin Terry and Sara Ackermann Kevin and Sara will lead a panel review of hot topics in this area: When is a complaint considered harassment and does it matter? Do we need to investigate employee complaints about customers? What about Board of Directors and other third parties? If so, how? Lunch and Networking  Noon - 1:00 p.m. Conference Cost: $85   SHRM, SPAHRA members (electronic pdf materials provided) $110 SHRM, SPAHRA members (with binder of printed materials) $100 Non-SHRM, Non-SPAHRA members (electronic pdf materials provided) $125 Non-SHRM, Non-SPAHRA members (with binder of printed materials) Full-time student discount available ($60), please contact Nicole Williams, Account Executive, QPS Employment Continental breakfast and lunch included in conference fee, in addition to materials provided by pdf.  HRCI credit and SHRM credit approvals are pending. To register please contact Shannon Jacobson at: sbjacobson@ruderware.com or (715) 845-4336 Register online by October 27, 2017.