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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]