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Posts from February 2007.

The U.S. Supreme Court asked the Solicitor General to file a brief in a case, brought under ERISA, by an employee who claims that the administrator of his employer’s 401(k) plan failed to make his requested investment changes, resulting in a loss to him. At issue is whether Section 502 of ERISA allows for such private causes of action by plan participants who, as in this case, allege that a ...


On January 1, 2007, new rules went into effect implementing a provision of the Deficit Reduction Act of 2005 (DRA) affecting all healthcare entities which receive $5 million or more in annual Medicaid reimbursement. State Medicaid plans must now require, as a condition of receiving Medicaid reimbursement, that all covered providers establish new compliance policies and ...

Yesterday, the U.S. Supreme Court declined review of an NLRA case in which a divided Tenth Circuit held that references to the Mormon faith of the owners of a grain company during a union organizing campaign did not taint the representation election. The employer in that case sought the adoption of a per se rule that the use of potentially inflammatory religious or racial comments during a ...

In a decision issued on January 19 in P.S.K. Supermarkets, Inc., the NLRB struck down as overly broad the employer’s ban on employees wearing any buttons on their uniforms other than those issued by the employer. The employees involved were grocery store cashiers and deli, bakery, meat and produce department clerks who had substantial contact with the store’s customers. These ...

So often, our messages about regulatory changes are accompanied by loud sighs of dismay, followed shortly by questions about the additional costs to your business. However, on December 13, 2006, the Securities and Exchange Commission (SEC) adopted a proposed amendment to the proxy rules for public companies which are expected to result in significant savings for every public company.

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