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The IRS, the Employee Benefits Security Administration (EBSA), and the Department of Health and Human Services (HHS) have issued temporary, final and proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act of 2008 (GINA). The regulations are effective on December 7, 2009, for group health plan years beginning on or after that date. Under GINA, and the new interim final regulations, group health plans and issuers in the group market cannot increase premiums for the group based on the results of one enrollee's genetic information, deny enrollment, impose pre-existing condition exclusions, or do other forms of underwriting based on genetic information. Further, group health plans and health insurance issuers in both the group and individual markets cannot request, require or buy genetic information for underwriting purposes or prior to and in connection with enrollment. In addition, plans and issuers are generally prohibited from asking individuals or family members to undergo a genetic test.
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The Department of Homeland Security (DHS) has rescinded its controversial “no-match” regulation, according to a final rule published in the October 7, 2009, Federal Register. After careful review, DHS has decided to focus its worksite enforcement efforts on “increased compliance through improved employment verification, via participation in E-Verify, ICE’s Mutual Agreement Between Government and Employers (IMAGE) and other programs.”
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Halloween costumes in the workplace have the potential to get ugly this year in the midst of a tense political climate and a sagging economy warns Steve Miller, partner, Fisher & Phillips, a national labor and employment law firm. Costumes that are sexually provocative, carry a political or social message, or are otherwise simply inappropriate for interacting with colleagues and clientele, could lead to a liability nightmare for employers.
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Most workers have not had any direction from their employers about the upcoming flu season, according to a national survey released by Mansfield Communications Inc. In the survey of a national representative sample, 69 per cent of respondents say they have received no communication about policies in the workplace pertaining to H1N1—not even information related to hand washing or sick leave.
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Workers who want to share the latest news with Facebook friends and Twitter followers will need to wait until after hours or risk violating company policy, a new survey suggests. More than half (54 percent) of chief information officers (CIOs) interviewed recently said their firms do not allow employees to visit social networking sites for any reason while at work.
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While the cold and flu season serves as a primary culprit in workplace absences, the economy may be a factor as well this year. CareerBuilder's annual survey on absenteeism shows nearly one-third (32 percent) of workers have played hooky from the office this year, calling in sick when they were well at least once. Twenty-eight percent of employers think more employees are absent with fake excuses due to increased stress and burnout caused by the recession.
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Failure to enact federal health reform would place a tremendous economic strain on individuals and businesses in all 50 states and the District of Columbia, according to a new study by the Urban Institute. Over the next decade, in every state, the percentage of the population that is uninsured would increase; employer-sponsored coverage would continue to erode; spending on public programs would balloon; and individual and family out-of-pocket costs could increase by more than 35 percent.
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