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Supreme Court Opens Door to Retaliation Claims by Third Parties

Supreme Court Opens Door to Retaliation Claims by Third Parties

On January 24, 2011, the Supreme Court of the United States handed down a decision that will, no doubt, reshape the world of employee retaliation claims.  In Thompson v. North American Stainless, LP, Plaintiff Eric Thompson and his fiance worked for the same company.  After his fiance filed filed a charge of gender discrimination with the Equal Employment […]

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FHCF Pursues Changes to Records Retention Requirements

FHCF Pursues Changes to Records Retention Requirements

The Florida Hurricane Catastrophe Fund is scheduled to hold a hearing today on proposed rules that would incorporate changes to its data reporting and retention requirements.  The various forms insurers must use to report losses to the FHCF and the information they must maintain for audits are set forth in, or incorporated into, administrative rules.  […]

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Renewed Emphasis on Amendment Opposing Federal Health Care Law

Renewed Emphasis on Amendment Opposing Federal Health Care Law

The Florida Senate is again taking steps toward a state constitutional amendment in opposition to the federal Affordable Care Act.  The legislature pursued an amendment last year (Amendment 9), but state courts precluded it from appearing on the ballot by finding the ballot summary to be misleading. The Senate Judiciary Commit­tee has passed a resolution by a […]

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Office of Insurance Regulation Addresses Reinsurance Reporting

Office of Insurance Regulation Addresses Reinsurance Reporting

The Office of Insurance Regulation has issued a letter to insurers providing guidance on annual statement reporting for reinsurance contracts with reinsurers subject to reduced collateral requirements.  The OIR has adopted an administrative rule allowing insurers to take credit for reinsurance with certain highly-rated reinsurers even when those reinsurers do not meet the full collateralization […]

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White House Direction on Reduction in Rules

White House Direction on Reduction in Rules

On January 18, 2011, President Obama signed an Executive Order that outlined his regulatory strategy “to support continued economic growth and job creation, while protecting the safety, health and rights of all Americans.” The Executive Order on Improving Regulation and Regulatory Review can be found here.  As a way to immediately implement this strategy, two […]

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EEOC Provides Small Business Assistance on GINA

EEOC Provides Small Business Assistance on GINA

The Genetic Information Nondiscrimination Act (GINA) required the Equal Employment Opportunity Commission (EEOC) to issue regulations implementing Title II of the Act, which it did on November 9, 2010. The EEOC has now created the following website http://www.eeoc.gov/laws/regulations/gina_qanda_smallbus.cfm to provide small businesses with practical information about the most important requirements of Title II of GINA […]

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Providing Notice Under The New GINA Law

Providing Notice Under The New GINA Law

In November 2010, the EEOC issued final regulations implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act (GINA).   GINA prohibits the use of genetic information in decision making about health insurance and employment and restricts employers from acquiring and disclosing genetic information. The regulations provided model language for employers to use when […]

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Governor Scott to Review Administrative Rules

Governor Scott to Review Administrative Rules

Governor Rick Scott issued his first executive order promptly upon taking office, issuing Executive Order 11-01 relating to rulemaking by Florida’s administrative agencies.  The executive order specifies that all agencies under the direction of the Governor should immediately suspend rulemaking and should not move forward with any notices of rule develoment, amendments to existing rules, […]

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OIR Releases 2010 Annual Report for Workers’ Compensation

OIR Releases 2010 Annual Report for Workers’ Compensation

The Florida Office of Insurance Regulation has released its 2010 annual report on the workers’ compensation insurance industry in Florida.  The report reviews the availability and affordability of workers’ compensation insurance coverage in Florida to assess the current state of the market.   The report finds that the Florida market is competitive, as evidenced by a large number of insurers writing […]

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USDOL Requests Public Input

USDOL Requests Public Input

In a news release on 12/21/2010, the U.S. Department of Labor’s Wage and Hour Division requested public comments on its preliminary interpretations of a new provision of the Fair Labor Standards Act requiring employers provide reasonable break time and a private space for expressing breast milk while at work to nursing mothers. The Break Time […]

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