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Deloitte report reveals hidden costs of health care one year after health care reform

March 23rd, 2011

As health care reform marks its one-year anniversary, a new Deloitte report reveals that consumers are spending $363 billion, or 14.7 percent more, on health care than traditionally reported in official government accounts. This spending falls outside of conventionally-counted health care costs such as doctors, prescriptions, hospitals, and health insurance coverage. Demonstrating the significance of [Read more...]

Delaware can’t penalize out-of-state contractor’s use of Pennsylvania apprentices by imposing “permanent place of business” requirement; market participant doctrine did not apply

March 22nd, 2011

An out-of-state electrical contractor successfully challenged the state of Delaware’s practice of refusing to recognize out-of-state registered apprentices under its prevailing wage law regulations under the dormant Commerce Clause (Tri-M Group, LLC v Sharp, March 21, 2011, Rendell, M). The Third Circuit upheld a federal district court’s finding that the regulations facially discriminated against out-of-state [Read more...]

H-1B petitions for FY 2012 being accepted beginning April 1

March 22nd, 2011

U.S. Citizenship and Immigration Services (USCIS) will start accepting H-1B petitions subject to the FY 2012 cap on April 1, the agency announced March 18. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted, not the date that the petition is postmarked.
USCIS [Read more...]

Pregnancy discrimination verdict stands, but back pay award vacated under after-acquired evidence doctrine; IRS determination on independent contractor status would have led to lawful termination

March 21st, 2011

A jury verdict finding that a county sheriff discriminated against a female technician based on her pregnancy when she was transferred and later terminated was sufficiently supported by evidence at trial, ruled a federal district court in Florida (Holland v Gee, March 17, 2011, Covington, B). However, because the employee could have been discharged the [Read more...]

With case law favoring employees and looser standards to meet, is retaliation really worth the risk?

March 21st, 2011

As a matter of common sense, retaliating against employees for engaging in protected activity is pretty risky business. Yet, EEOC regional attorney John Hendrickson wonders whether legal counsel have neglected to tell employers just how dangerous retaliation is — and it’s so easy to avoid, he chides.
Speaking to attendees at the Chicago Bar Association’s annual [Read more...]