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Compliance Regulations and Guidance Affecting your Industry
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Pregnancy in the Workplace: Strategies to Protect Your Organization from Pregnancy Discrimination Claims
By - Christopher W. Olmsted
On Demand Access Anytime
By - Christopher W. Olmsted
On Demand Access Anytime
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How to Vet an IRB: Expose and Fix Problems Before They Threaten Your Trial
By - Madhavi Diwanji
On Demand Access Anytime
By - Madhavi Diwanji
On Demand Access Anytime
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Revisions of Regulations Concerning Procedures for Electronic Filing
- Industry: HR Compliance
The Board is amending regulations concerning the procedures for filing documents with the Agency that when the document being filed electronically is required to be served on another party to the proceeding, the other party shall be served by electronic mail (e-mail), if possible. If electronic service is not possible, the other party shall be notified by telephone of the substance of the transmitted document and a copy of the document shall be served personally, or by registered mail, certified mail, regular mail, or private delivery service, or, with the consent of the other party, by facsimile transmission
Effective Date:This rule is effective january 1, 2009
The Genetic Information Nondiscrimination Act of 2008 Information for Researchers and Health Ca ....
- Industry: Healthcare Compliance (Hospitals)
The Genetic Information Nondiscrimination Act of 2008 (P.L. 110-233, 122 Stat. 881)1, also referred to as GINA, is a new Federal law that prohibits discrimination in health coverage and employment based on genetic information. The President signed the act into law on May 21, 2008. The section of the law relating to health coverage (Title I) generally will take effect between May 22, 2009, and May 21, 2010.2 The sections relating to employment (Title II) will take effect on November 21, 2009. GINA requires regulations pertaining to both titles to be completed by May 2009.
How does the Federal law affect state laws?
GINA provides a baseline level of protection against genetic discrimination for all Americans. Many states already have laws that protect against genetic discrimination in health insurance and employment situations. However, the degree of protection they provide varies widely, and while most provisions are less protective than GINA, some are more protective. All entities that are subject to GINA must, at a minimum, comply with all applicable GINA requirements, and may also need to comply with more protective State laws.
Effective Date:This rule is effective April 6, 2009
Temporary Employment of H–2A Aliens in the United States
- Industry: HR Compliance
The Department of Labor (DOL or the Department) is suspending the H–2A Final Rule published on December 18, 2008 and in effect as of January 17, 2009. That Final Rule amended the regulations governing the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of contractual obligations applicable to employers of such nonimmigrant workers. To ensure continued functioning of the H–2A program, the Department is republishing and reinstating the regulations in place on January 16, 2009 for a period of 9 months, after which the Department will either have engaged in further rulemaking or lift the suspension
Effective Date:This rule is effective June 29, 2009.
Claims for Compensation; Death Gratuity Under the Federal Employees’ Compensation Act
- Industry: HR Compliance
This document contains the interim final regulations governing the administration of the death gratuity created by section 1105 of the National Defense Authorization Act for Fiscal Year 2008, Public Law 110–181, by the Department of Labor (Department or DOL). Section 1105 provides a death gratuity payment to eligible survivors of Federal employees and nonappropriated fund instrumentality employees (NAFI employees) who die of injuries incurred in connection with service with an Armed Force in a contingency operation. Section 1105 amended the Federal Employees’ Compensation Act (FECA) to add a new section, designated as section 8102a. The Secretary of Labor has the authority to administer and to decide all questions arising under FECA. 5 U.S.C. 8145. FECA authorizes the Secretary to prescribe rules and regulations necessary for the administration and enforcement of the Act. 5 U.S.C. 8149. The Secretary has delegated the authority provided by 5 U.S.C. 8145 and 8149 to the Assistant Secretary for Employment Standards who then delegated that authority to the Director of the Office of Workers’ Compensation Programs (OWCP), who is responsible for the administration and implementation of FECA. 20 CFR 1.1. Thus OWCP will administer the adjudication of claims and the payment of the death gratuity under new section 8102a
Effective Date:This rule is effective August 18, 2009.
Employee Responsibilities and Conduct; Enforcement of Nondiscrimination in Programs or Activiti ....
- Industry: HR Compliance
The Federal Labor Relations Authority (Authority) is making technical amendments to its regulations. The amendments update rules and regulations that prescribe uniform ethical conduct standards and disclosure requirements applicable to all executive branch personnel and update regulations to reconcile with the Rehabilitation Act of 1973 and update or delete several outdated provisions and citations The amendments also make technical revisions to the requirements for documents filed in negotiability disputes and make technical revisions regarding when filings made by commercial delivery are considered served
Effective Date:This rule is effective November 9, 2009.
TECHNICAL AMENDMENT; INTERNAL CONTROL OVER FINANCIAL REPORTING IN EXCHANGE ACT PERIODIC REPORTS ....
- Industry: SOX Compliance
We are extending the effectiveness of § 210.2-02T published in 71 FR 47059 (August 15, 2006) and § 229.308T published in 71 FR 76595 (December 21, 2006) and amended in 73 FR 38099 (July 2, 2008) through June 30, 2010. The effective dates for the other sections of the July 2, 2008 document remain as published.
Effective Date:This rule is effective June 30, 2009.
Final Model Privacy Form under the Gramm-Leach-Bliley Act
- Industry: SOX Compliance
The OCC, Board, FDIC, OTS, NCUA, FTC, CFTC, and SEC (the “Agencies”) are publishing final amendments to their rules that implement the privacy provisions of Subtitle A of Title V of the Gramm-Leach-Bliley Act (“GLB Act”). These rules require financial institutions to provide initial and annual privacy notices to their customers. Pursuant to Section 728 of the Financial Services Regulatory Relief Act of 2006 (“Regulatory Relief Act” or “Act”), the Agencies are adopting a model privacy form that financial institutions may rely on as a safe harbor to provide disclosures under the privacy rules. In addition, the Agencies other than the SEC are eliminating the safe harbor permitted for notices based on the Sample Clauses currently contained in the privacy rules if the notice is provided after December 31, 2010. Similarly, the SEC is eliminating the guidance associated with the use of notices based on the Sample Clauses in its privacy rule if the notice is provided after December 31, 2010.
Effective Date:This rule is effective January 1, 2012.
DISCLOSURE REQUIRED BY SECTIONS 406 AND 407 OF THE SARBANES-OXLEY ACT OF 2002; CORRECTION
- Industry: SOX Compliance
We are making technical corrections to rules adopted in Release No. 33-8177 (January 23, 2003), which were published in the Federal Register on January 31, 2003 (68 FR 5110). The rules implement Sections 406 and 407 of the Sarbanes-Oxley Act of 2002 by requiring disclosures regarding audit committee financial experts and codes of ethics. This document amends an instruction to the rule to clarify that disclosures regarding audit committee financial experts are required only in annual reports.
EFFECTIVE DATE: March 31, 2003
Filing Guidance Related To: Conditions for Use of Non-GAAP Financial Measures; and Insider Trad ....
- Industry: SOX Compliance
The Securities and Exchange Commission is issuing interim guidance regarding the filing of information pursuant to new Items 11 and 12 of Form 8-K. Item 11 requires a registrant to provide public notice of a pension fund blackout period. Final rules related to this disclosure item were published in the Federal Register on January 28, 2003 (68 FR 4337). Item 12 requires a registrant to furnish specified disclosure when the registrant, or any person acting on its behalf, makes any public announcement or release disclosing material non-public information regarding the registrant's results of operations or financial condition for a completed quarterly or annual fiscal period. Final rules related to this disclosure item were published in the Federal Register on January 30, 2003 (68 FR 4819).
EFFECTIVE DATE: March 28, 2003
Airworthiness Directives; Fokker F.28 Mark 0070 and 0 100 Airplanes
- Industry: Hitech, Aerospace and Manufacturing
We are superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identif and correct an unsafe condition on an aviation product. The MCAI describes the uns condition as
Airworthiness Directives; Boeing Model 737–300, –400, and –500 Series Airplanes
- Industry: Hitech, Aerospace and Manufacturing
The FAA is superseding an existing airworthiness directive (AD), which applies to all Boeing Model 737– 300, –400, and –500 series airplanes. That AD currently requires repetitive inspections for discrepancies of the fuselage skin under the dorsal fin assembly, and repairing if necessary. This new AD requires an inspection for any chafing or crack in the fuselage skin and abrasion resistant coating at the dorsal fin landing, an inspection for damage to the dorsal fin seals, attach clip, and seal retainer, and other specified and corrective actions as necessary. The new requirements will end the need for the existing repetitive inspections. This AD results from a report of an 18-inch crack found in the fuselage skin area under the blade seals of the nose cap of the dorsal fin due to previous wear damage, and additional reports of fuselage skin wear. We are issuing this AD to prevent discrepancies of the fuselage skin, which could result in fatigue cracking due to cabin pressurization and consequent rapid inflight decompression of the airplane fuselage.
Effective Date:This rule is effective May 14, 2009.
Airworthiness Directives; Cessna Aircraft Company Model 525A Airplanes
- Industry: Hitech, Aerospace and Manufacturing
We are adopting a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Model 525A airplanes. This AD requires you to repetitively inspect the thrust attenuator paddle assemblies for loose and damaged fasteners and for cracks. This AD also requires you to replace loose or damaged fasteners and replace cracked thrust attenuator paddles found during any inspection. This AD results from reports of fatigue cracks found in thrust attenuator paddles. We are issuing this AD to detect and correct loose and damaged fasteners and cracks in the thrust attenuator paddles, which could result in in-flight departure of the thrust attenuator paddles. This failure could lead to rudder and elevato.
Effective Date:This rule is effective December 15, 2009.
Burma: Revision of the Export Administration Regulations
- Industry: Trade and Logistics Compliance
In response to the Government of Burma’s continued repression of the democratic opposition in Burma, and consistent with Executive Order 13310 of July 28, 2003 and Executive Order 13448 of October 18, 2007, this final rule amends the Export Administration Regulations (EAR) to move Burma into more restrictive country groupings and impose a license requirement for exports, reexports or transfers of most items subject to the EAR to persons listed in or designated pursuant to Executive Orders 13310 and 13448.
Effective Date:This rule is effective October 24, 2007.
Revisions to License Requirements and License Exception Eligibility for Certain Thermal Imaging ....
- Industry: Trade and Logistics Compliance
This rule imposes a license requirement for certain exports and reexports of military commodities manufactured outside the United States that are not subject to the International Traffic in Arms Regulations, regardless of the level of U.S. origin content, if those military commodities incorporate certain thermal imaging cameras that are subject to the Export Administration Regulations. This rule also removes Commerce Control List (CCL) based export and reexport license requirements with respect to 36 destinations for certain thermal imaging cameras when they are not incorporated into military commodities and if they are not being exported or reexported to be embedded in a civil product. It imposes a semi-annual reporting requirement on the transactions from which it removes the CCL based license requirements. This rule limits use of License Exception APR for reexports of certain cameras controlled by Export Control Classification Number 6A003.b.4.b and certain foreign made military commodities incorporating such cameras. This rule imposes a license requirement for software used to increase the frame rate of certain cameras. BIS is making these changes in recognition of the emerging availability of these cameras around the world, the export licensing practices of other governments and the potential use of these cameras in military applications
Effective Date:This rule is effective May 22, 2009.
Addition of Kosovo in the Export Administration Regulations
- Industry: Trade and Logistics Compliance
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to establish export licensing requirements for Kosovo.
Effective Date:This rule is effective September 2, 2008.
Source Rules Involving U.S. Possessions and Other Conforming Changes; Correction
- Industry: OSHA Compliance
This document contains corrections to final regulations (TD 9391) that were published in the Federal Register on Wednesday, April 9, 2008 (73 FR 19350) providing rules under section 937(b) of the Internal Revenue Code for determining whether income is derived from sources within a U.S. possession or territory specified in section 937(a)(1) (generally referred to in this preamble as a ‘‘territory’’) and whether income is effectively connected with the conduct of a trade or business within a territory.
Effective Date:This rule is effective May 14, 2008.
Fire Extinguishers in Underground Coal Mines
- Industry: OSHA Compliance
The Mine Safety and Health Administration (MSHA) is revising the existing standard for the quantity and location of firefighting equipment in underground coal mines to assure that it is readily available to quickly extinguish a fire. In lieu of the existing requirements for rock dust and other firefighting equipment, this final rule allows the use of portable fire extinguishers in working sections of underground anthracite coal mines that have no electrical equipment at the working section and produce less than 300 tons of coal per shift. The rule also requires an additional fire extinguisher in lieu of rock dust at temporary electrical installations in all underground coal mines
Effective Date:This rule is effective October 15, 2009.
Centers for Medicare & Medicaid Services (CMS), HHS.
- Industry: Healthcare Compliance (Hospitals)
This rule finalizes our proposal to delay enforcement of certain clarifications regarding standards for determining hold harmless arrangements in the final rule entitled, ‘‘Medicaid Program; Health Care- Related Taxes’’ from the expiration of a Congressional moratorium on enforcement from July 1, 2009 to June 30, 2010
Effective Date:This rule is effective July 1, 2009.
Medicare Program; Hospice Wage Index for Fiscal Year 2010
- Industry: Healthcare Compliance (Hospitals)
This final rule will set forth the hospice wage index for fiscal year 2010. The final rule adopts a MedPAC recommendation regarding a process for certification and recertification of terminal illness. In addition, this final rule will also revise the phase-out of the wage index budget neutrality adjustment factor (BNAF), with a 10 percent BNAF reduction in FY 2010. The BNAF phase-out will continue with successive 15 percent reductions from FY 2011 through FY 2016
Effective Date:This rule is effective October 1, 2009.
Medicaid Program: State Flexibility forMedicaid Benefit Packages and Premiums and Cost Sharing
- Industry: Healthcare Compliance (Hospitals)
This final rule temporarily delays the effective date of the November 25, 2008 final rule entitled, ‘‘Medicaid Program; Premiums and Cost Sharing’’ and the December 3, 2008 final rule entitled, ‘‘Medicaid Program; State Flexibility for Medicaid Benefit Packages’’ until July 1, 2010
Effective Date:This rule is effective December 31, 2009.
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