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provided herein is general in nature and designed to serve as a
guide to understanding. These materials are not to be construed as
the rendering of legal or management advice. |
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Inside this Issue:
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Approaching HIPAA Deadlines for both Small and Large Employer Plans
There are two Health Insurance Portability and Accountability Act (HIPAA) deadlines in April, one for employers with large health plans and one for employers with small health plans.
Privacy Notice Deadline for Large Health Plans
Large health plans (i.e., plans with annual receipts exceeding $5 million) had to distribute the initial HIPAA Privacy Notice by April 14, 2003, and a reminder every three years thereafter. Therefore, by April 14, 2006, large health plans must provide notification reminding plan participants of the availability of, and how to obtain, the notice.
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Companies Can Be Held Liable For Illegal Internet Use at Work
In one of the first cases to deal with the viewing of child pornography at work, a New Jersey Court ruled that a company could be liable for damages suffered by innocent third parties. This case, Doe v. XYC Corp., (N.J. Super. Ct. Dec. 27, 2005), could provide the basis for a new area of employment litigation that would hold Employers responsible for the damages to victims of crimes committed by employees while using the Employer’s electronic resources. At a minimum, the case provides an important reminder that an Employer who is put on notice that its employees are utilizing the Employer’s electronic resources for nonbusiness purposes should take steps to ensure that the use does not include accessing pornography, or worse.
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OFCCP Definition of "Internet Applicant" Will Have Significant Impact on Covered Employers
The definition of an "Internet Applicant" has significant implications for federal contractors who recruit using that medium. The rule has four criteria that must be satisfied in order for a job seeker to be considered an "Internet Applicant." They are:
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Approaching Deadlines for Human
Resource/Payroll Professionals
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Latest Department of Labor Numbers
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