TX LEGAL EDGE

Monthly Archives: March 2013

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CVS Employee Policy – Weigh In or Pay Monthly Fine

Carol Keough March 26, 2013

Employer CVS’s new policy for its employees using the company health insurance is that they see a physician for a health screening disclosing their weight, height, BMI and other health info or face a $50/monthly penalty ($600/year).  Although wellness programs have been around for awhile, this sheds new light on how an employer is using a penalty to… Continue Reading »

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Supreme Court Rules Against Homeowner

Carol Keough March 22, 2013

An insured homeowner, Gregg Knowles (Knowles), whose house had sustained hail damage, alleged that Travelers Co.’s Standard Fire and Insurance Co. had refused to allow homeowners to hire general contractors to fix the damage.  On March 19, 2013, the U.S. Supreme Court ruled on Knowles and other similar claimants case as one of the four pending class… Continue Reading »

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State Farm Wins Jurisdiction Fight

Carol Keough March 21, 2013

Policyholders and insurers usually face an initial jurisdiction fight over a lawsuit filed in state court because insurers find federal jurisdiction more appealing than state court.  On February 19, 2013, the federal Western District of Texas found in favor of State Farm and denied sending the Texas Insurance Code and Deceptive Trade Practices lawsuit of two homeowners, Ronald… Continue Reading »

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NLRB Headed to the Supreme Court On The Obama Recess Appointments

Carol Keough March 12, 2013

On March 12, 2013, the National Labor Relations Board (NLRB) announced its decision to file a petition for certioriari with the Supreme Court.  The NLRB wants the Court to reverse or clarify the decision in “Noel Canning” where the D.C. Circuit held that the recess appointments to the Board by President Obama were invalid. In order for… Continue Reading »

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Did you miss the FMLA Poster Compliance Deadline?

Carol Keough March 12, 2013

This past Friday on March 8, 2013, all covered employers must post the new Family Medical Leave Act (“FMLA”) posters approved by the Department of Labor (“DOL”) in a place where all employees and job applicants may see it.  Maybe an employer does not have employees who qualify for FMLA at one of their companies… Continue Reading »

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