Changes to EEO-1 Report

On September 29, 2016, the Equal Employment Opportunity Commission (EEOC) approved a revised Employer Information Report (EEO-1), which requires employers (and government contractors) with at least 100 employees to submit summary pay data and aggregate hours worked data. According to the EEOC, “the new data will improve investigations of possible pay discrimination, which remains a […]

Are Your Business Associate Agreements Up to Date?

The Department of Health and Human Services (“HHS”) recently announced that Care New England Health System (“CNE”), a non-profit health system, has agreed to settle potential violations of the HIPAA Privacy and Security Rules. On November 5, 2012, Woman & Infants Hospital of Rhode Island (“WIH”), a covered entity member of CNE, notified HHS of […]

Back on Track 5K

Our firm is sponsoring Carolina Neurosurgery & Spine Associates’ second annual “Back on Track 5K” on September 24, 2016. Proceeds will benefit the Ronald McDonald House of Charlotte. Registration is now open. For more information, please visit We look forward to seeing you on September 24, 2016!

Medicare and Medicaid Program Integrity Activities Save $42 Billion

According to a recent report from the Centers for Medicare & Medicaid Services (CMS), program integrity activities saved nearly $42 billion from October 1, 2012, through September 30, 2014—an average savings of $12.40 for each dollar spent on Medicare program integrity alone. According to Shantanu Agrawal, M.D., Deputy Administrator and Director of the Center for […]

EEOC Settles Lawsuit Alleging Sex Discrimination Based on Sexual Orientation

On June 28, 2016, the Equal Employment Opportunity Commission (“EEOC”) announced that Pallet Companies, doing business as IFCO Systems, will pay $202,200 to settle one of the EEOC’s first lawsuits alleging sex discrimination based on sexual orientation. In its complaint, EEOC alleged that a lesbian employee was harassed by her supervisor because of her sexual […]

EEOC Faces More Than $4 Million In Attorney’s Fees

Title VII of the Civil Rights Act of 1964 provides that “the court, in its discretion, may allow the prevailing party . . . a reasonable attorney’s fee.” A defendant must simply show that (1) it is a prevailing party and (2) the plaintiff’s claim was frivolous, unreasonable, or groundless. On May 19, 2016, the […]

Implications of the Defend Trade Secrets Act

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act, which creates a federal civil cause of action for trade secret misappropriation. Significantly, the Act provides limited whistleblower immunity to individuals for confidential disclosures to government officials “solely for the purpose of reporting or investigating a suspected violation of law.” Individuals […]

Final Rule: Overtime Regulations

On March 13, 2014, President Obama directed Secretary of Labor Thomas Perez to “modernize and streamline the existing overtime regulations” under the Fair Labor Standards Act (FLSA).   On May 18, 2016, the Department of Labor (the “Department”) published a final rule that will become effective on December 1, 2016. The final rule doubles the current […]

EEOC Proposes Rule to Collect Pay Data from Certain Employers

The EEOC has proposed a rule to revise its EEO-1 report to include pay data, in addition to other demographic data that is already collected in the report.  Currently, the EEO-1 requires employers to identify their employee numbers based on job category and race, ethnicity, and sex.  Under the proposed rule, most federal contractors and […]

MACRA Proposed Rule

On April 27, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule to implement the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The proposed rule would replace the Sustainable Growth Rate (SGR) formula and establish a new Quality Payment Program that “allows [physicians] to choose from two paths that […]