In the article, entitled “How Gross Takes the Teeth Out of a Proposal For an Employment-Status Discrimination Cause of Action,” Michael R. Daum discusses pending congressional legislation to prohibit employers from discriminating against applicants on the basis of their employment status and warns that such a law would be rendered ineffective by the U.S. Supreme Court’s 2009 decision in Gross v. FBL Financial Services. He recommends that the legislation be revised to mirror language in Title VII of the 1964 Civil Rights Act, rather than in the Age Discrimination in Employment Act.
[read more]7 B&K Attorneys Named as 2011 Super Lawyers
Congratulations to the following Blitman & King attorneys who have been named as 2011 Super Lawyers for New York:
The selection process for Super Lawyers is a rigorous, multiphase rating process including peer nominations, evaluations, and independent research. Candidates are evaluated based on 12 indicators of peer recognition and professional achievement including verdicts, settlement and transactions, representative clients, experience, honors and awards, special licenses and certifications, position within law firm, bar and other professional activity, pro bono and community service, scholarly lectures and writings, education and employment background, and other outstanding achievements.
- Charles E. Blitman, Employee Benefits/ERISA
- Bernard T. King, Employment & Labor
- Daniel E. Kornfeld, Employee Benefits/ERISA
- James R. LaVaute, Employment & Labor
- Donald D. Oliver, Employment & Labor
- Jules L. Smith, Employment & Labor
- Kenneth L. Wagner, Employment & Labor
The selection process for Super Lawyers is a rigorous, multiphase rating process including peer nominations, evaluations, and independent research. Candidates are evaluated based on 12 indicators of peer recognition and professional achievement including verdicts, settlement and transactions, representative clients, experience, honors and awards, special licenses and certifications, position within law firm, bar and other professional activity, pro bono and community service, scholarly lectures and writings, education and employment background, and other outstanding achievements.
B&K Quarterly Benefits Update – Summer 2011
Inside this issue are updates regarding Medicare Part D Creditable Coverage Notices, Constitutional Challenges to Health Care Reform, the Impact of New York State’s Same-Sex Marriage Law on ERISA Covered Health Plans, FASB and more.
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Court of Appeals orders deference to public employer’s initial determination in section 207-a case
In a recent opinion, a divided New York Court of Appeals found a Ridge Road Fire District firefighter ineligible for General Municipal Law Section 207-a benefits where the District’s initial determination denying benefits was supported by substantial evidence. [read more]
Office of Civil Rights imposes $5.3 million in fines for HIPAA privacy rule violations
In an unprecedented enforcement action, the Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) recently imposed a $4.3 million civil monetary fine and reached a $1 million settlement as punishment for violations of the Health Insurance Portability and Accountability Act (“HIPAA”). The $4.3 million fine was the first civil money penalty issued by HHS for HIPAA Privacy Rule violations and may signify a change by HHS and OCR to enforce violations with a more heavy‐handed approach. [read more]
Executives of Tax-Exempt Entities Need to Value Fringes as Part of their Compensation Package
The Internal Revenue Service is conducting a National Research Program focusing on uncollected employment taxes for both for-profit and not-for-profit organizations. The IRS recently indicated the most common reason it imposes sanctions on tax-exempt organizations is the improper reporting of fringe benefits. When tax-exempt organizations provide fringe benefits as part of an executive’s compensation package, those benefits most be included when calculating the total compensation paid to that executive. [read more]
Bernard T. King Authors and Presents Paper on Health Care Reform at International Conference for Attorneys
Bernard T. King authored and presented a paper the Patient Protection and Affordable Care Act at the 9th Annual Iron Workers International Attorneys’ Conference including a history and introduction to health care reform, a timeline of the implementation of various requirements and an update on legal/legislative challenges currently underway. [read more]
Jules L. Smith and Bryan T. Arnault Author and Present Paper on the Genetic Information Nondiscrimination Act of 2008
Jules L. Smith and Bryan T. Arnault authored, and will present, a paper on the Genetic Information Nondiscrimination Act of 2008 (GINA), including interpreting regulations and case law. GINA is intended to provide individuals with legal protection against discrimination based on genetic information in health insurance and employment. [read more]
Bernard T. King and Daniel R. Brice Author and Present Global Paper on Health Care Reform
It is easy to become bogged down in the minutia of the Patient Protection and Affordable Care Act (“PPACA” or “Act”). “Health Care Reform—Historical Overview” drafted by Bernard T. King, Esq. and Daniel R. Brice, Esq., and recently presented by Mr. King in Washington D.C., provides a big picture look at Health Care Reform. The paper outlines the rationale behind the century long call for reform to this Country’s health care system and concludes with analysis of the steps that led to passage of the PPACA. By gaining a global understanding of reform, the reader can achieve better focus on the details of the new Act. [read more]
