text:
Textile workers latest to lobby Govt to protect entitlements
KERRY O'BRIEN: Peter Reith had more preoccupations in Canberra today than just youth wages.
It's two weeks since the miners of Oakdale won their very public fight for accrued entitlements worth over $6 million.
Today, Canberra played host to another rowdy protest -- this time by a group of Melbourne clothing workers who have lost not only their jobs but, they say, entitlements worth $1.8 million.
The administrator of their company says they'll eventually get their money and the Federal Government has just released a discussion paper aimed at creating a scheme to protect workers' entitlements across all industries.
But as Mick Bunworth reports, the Pelaco workers remain unconvinced.
BRUNA CARBONARI, TEXTILE WORKER: I didn't expect it.
After 28 years, something like that, it was like a shock. It's like someone hit me with a knife.
TERESA DISISTO, TEXTILE WORKER: We're prepared to protest it.
We're prepared to go and lobby the Government, because they should change the law to do something to protect our entitlements.
MICK BUNWORTH: Just two weeks after the Oakdale coalminers won their fight for lost entitlements, an eerily familiar story has emerged in Melbourne's western suburbs.
Braybrook Manufacturing -- which until this week produced shirts for Pelaco -- is in the hands of an administrator and preparing to fill its last order. 70 workers are unemployed.
Last week, they vented their anger in the menswear section of a large department store.
The shirts some of them have been making for decades, will now be manufactured overseas.
BRUNA CARBONARI: I thought so, it would have been safe, but it's not safe. Nothing is safe. How can it be safe when the work goes to China?
ANNA KOLOKOTSAS, TEXTILE WORKER: There was no such thing here as management and workers, we were a team.
BRUNA CARBONARI: Treated equally.
ANNA KOLOKOTSAS: That's what makes it even harder.
I think they should have confronted us.
BRUNA CARBONARI: That's right.
ANNA KOLOKOTSAS: And spoke to us about the difficulties they were facing and I'm sure all of us would have been willing to perhaps reduce our days or hours per week, or come to some sort of an arrangement.
MICK BUNWORTH: Despite the administrator's assurances to the contrary, the workers fear some of their hard-earned entitlements are lost.
ANNA KOLOKOTSAS: From the minute we got the news, we were also told that there was no guarantee of us receiving anything at all.
And we've just been fighting for those entitlements since we've heard of the closure.
TEXTILE WORKER: There goes our future.
Thanks a lot, Mr Howard.
MICK BUNWORTH: Today, a busload of Braybrook workers protested in Canberra hoping to garner the same public empathy that met the Oakdale miners' plight.
MICHELE O'NEIL, TEXTILE, CLOTHING & FOOTWEAR UNION: The best case scenario is through the sale of the assets of the company, there may be some money to go towards paying some of the accrued entitlements in relation to some of their annual leave and long service leave.
But what everybody is very clear about is that there will be nowhere near enough money to pay that $1.8 million that's owing.
MICK BUNWORTH: But the administrator and the Government say the workers' fears are unfounded and they will get the bulk of their money.
PETER REITH, WORKPLACE RELATIONS MINISTER: In fact, the latest from the administrator is that there are more assets than there are entitlements.
So there's potentially sufficient funds to meet all of the entitlements.
We hope that's the case.
MICHELE O'NEIL: If you work for a long time for a company and, you know, you're conscious if you're a low-paid worker -- these workers, on average, took home $340 a week -- you're conscious of your long service leave building up, you know how much annual leave you're owed, you know if you're going to be out of a job, what you're entitled to in a redundancy package.
They believed that that money was there if ever anything went wrong.
MICK BUNWORTH: Before meeting with the protesting workers, Mr Reith was mindful that he faced yet another union campaign aimed at garnering widespread public support.
PETER REITH: People can be at the top end of a big company, leave that company, the company may not be in good shape, but they can walk away with, literally, millions of dollars.
If though, as a worker, you've worked hard, you've done the right thing by the company but you end up being dudded, then a lot of people say, "Well things are not quite in whack.
There's not quite a sense of fairness that we would expect in Austra lian society".
MICK BUNWORTH: For the Braybrook workers, it's a cruel irony that the Federal Government has just released a discussion paper on protecting workers' entitlements.
PETER REITH: We are looking at a basic payments scheme and that would basically be picked up by the taxpayer.
Alternatively, we're looking at a insurance scheme, but with an exemption for small business, where the employees of small business would in fact be picked up by a basic fund scheme backed by the taxpayer.
The insurance scheme would impose insurance obligations on major companies and would provide a net benefit for people on a safety net basis.
MICK BUNWORTH: Mr Reith says whichever scheme is put in place, there is no chance it will be retrospective.
So it seems the Braybrook workers must now sit back and place faith in the reassurances they've so far refused to believe.
ANNA KOLOKOTSAS: A lot of these workers know what they know here in this industry, in this particular company.
It may not be the same skills required in other companies and a lot of these women are in their 40s or 50s and there may be a few in their 60s.
What hope do they have?
This was their life.
Transcripts on this website are created by an independent transcription service. The ABC does not warrant the accuracy of the transcripts.
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7 Simple Steps Convert Your Reliance Welcome Offer to Jio 4G Preview Offer
Step 1: Uninstall 'MyJio' App In the first step, you need to uninstall the 'MyJio' app from your smartphone. Also, make sure that the auto update setting in the Google Play Store is turned off.
Step 2: Download 'MyJio' App Version 3.2.05 In the next step, you need to download 'MyJio' App with version number 3.2.05. To simplify your work, we have added the download link over here. Download the app by clicking this here. How to Downgrade to Reliance Jio Preview Offer from Welcome Offer .
Step 3: Install the App Again Now, install the downloaded APK. Make sure that you're installing the downloaded APK itself.
Step 4: Turn off Your Data and Wi-Fi After installing the app again, just disable your internet connectivity in your smartphone and open the app. Now, wait for the 'Get Jio SIM' banner to appear on the home screen slider and click on it when appeared.
Step 5: Turn on Your Data After receiving the 'Get Jio SIM' banner, just turn on your internet connection and hit the 'Get Jio SIM' button again. Now, it will open a popup showing that your barcode is redeemed. Just hit the close mark on the top of the button.
Step 6: You're Back to Preview Offer After closing that screen, you can see that your Jio 4G SIM card is reverted back to 'Preview Offer'.
Step 7: Do not Update Your MyJio App After this procedure, make sure that you do not update the MyJio app. Updating your MyJio app will lead you to welcome offer again.
Source : http://www.gizbot.com

subset: commoncrawl


text:
- self-similar
- adjective see self-similarity
New Collegiate Dictionary. 2001.
New Collegiate Dictionary. 2001.
self-similar — adjective Having self similarity; having parts that resemble the whole, as a fractal has. See Also: self similarity … Wiktionary
self-similar — When small parts of an object are qualitatively the same, or similar to the whole object. In certain deterministic fractals , like the Sierpinski Triangle, small pieces look the same as the entire object. In random fractals , small increments of… … Financial and business terms
self-similar — adj. * * * … Universalium
self-similar — adj … Useful english dictionary
Self-organization — is a process of attraction and repulsion in which the internal organization of a system, normally an open system, increases in complexity without being guided or managed by an outside source. Self organizing systems typically (though not always)… … Wikipedia
Self-focusing — is a non linear optical process induced by the change in refractive index of materials exposed to intense electromagnetic radiation. [Cumberbatch, E. Self focusing in Non linear optics , J. Inst. Maths Applics 6, 250 (1970)] Mourou, G. A. et al.… … Wikipedia
Self-similarity — NOTOC [ thumb|right|250px|A Koch curve has an infinitely repeating self similarity when it is magnified.] In mathematics, a self similar object is exactly or approximately similar to a part of itself (i.e. the whole has the same shape as one or… … Wikipedia
self-similarity — noun Date: 1967 the quality or state of having an appearance that is invariant upon being scaled larger or smaller < magnify the fractal and you can see the self similarity of its edge > • self similar adjective … New Collegiate Dictionary
self-similarity — noun The property of being self similar, of having parts that resemble the whole, as a fractal has … Wiktionary
Self-help groups for mental health — are voluntary associations of people who share a common desire to overcome mental illness or otherwise increase their level of cognitive or emotional wellbeing.cite journal | last = Humphreys | first = Keith | coauthors = Rappaport, Julian |… … Wikipedia


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Detectives attached to the Federal Special Anti-Robbery Squad (FSRAS), Ikeja, Lagos State Police Command, have arrested a burglar, who mistakenly locked himself inside a victim's car. The suspect, Jamiu Anisoro, used to burgle cars with an iron rod, sharpened and shaped into a key. He burgled a car on premises of Mainland Hotel, Oyingbo, Oto Railway Ebute-Metta and got trapped inside the car, leading to his arrest. When the car owner came out, he saw Anisoro inside his car and alerted the police. Although the key had opened many car boots and doors, it, however, had a clause. Once it has opened a door, the door would become faulty. The master or normal key wouldn't be able to operate the door again. A police . said: "Anisoro specialises in opening vehicles with a master key. He got a rod and sharpened it into the shape of a key. His modus operandi is to watch motorists coming to Oyingbo Market. After the person parks, he would find out where the person is going. He monitors where the person is heading. He would go back to where the victim's car is parked. "But before heading to the targeted car, he would carry two bags, filled with used papers. He would use the master key to open the car door, pretending to be the owner or driver. He would pick phones, money and other valuables. He would drop the bags filled with old newspaper into the car and leaves. People watching him would think he came to drop some items he bought inside his car; they wouldn't know he is a burglar." Anisoro confessed to the police that he targeted victims in the morning and evening. He usually steals phones, wallets and other valuables inside parked vehicles. According to him, he used to sell some of such stolen items at Computer Village, Ikeja.
Credit: New Telegraph.
Make Money Online in Nigeria... Click HERE To Start Now!


text:
What is JotForm?
JotForm is a free online form builder which helps you create online forms without writing a single line of code. No sign-up required.
At JotForm, we want to make sure that you're getting the online form builder help that you need. Our friendly customer support team is available 24/7.
We believe that if one user has a question, there could be more users who may have the same question. This is why many of our support forum threads are public and available to be searched and viewed. If you'd like help immediately, feel free to search for a similar question, or submit your question or concern.
How I can change name of folder at dropbox for submissions.Asked by cheralexav on May 17, 2013 at 11:26 PM
Hello, I need meke a name of my submissions folders at DropBox, as a first field at my porm, is at possible. I just a little confuse, whan I have a million folders named like this "234656453302414292" and PDF forms also inside this folders. Wait from you ASAP. Thank you!
Hello cheralexav,
To change your Dropbox folder name,
1. Just click on "Manage Integration"
2. Then select a Folder Name by clicking on the Folder Name dropdown field.
3. Click Complete to save your changes.
Please refer this guide for more information on Upload to Dropbox with JotForm


text:
Tags: brands, business, Facebook, social media, social networking, statistics.
Posted 03/03/2014 at 1:52 PM
Posted 3 years ago
Kentico Software, a customer-experience company, has uncovered the truth that a lot of us knew already (or at least had an inkling of).
In a survey, it was found that social media outlets including the big ol' Facebook are having most of their brand posts ignored.
Whether it is Instagram, Twitter or Facebook it turns out that those who "hardly ever" or "never" pay attention to this kind of advertising parlayed by the social media network is at a level of 68 percent of users. Note, though, that those in the same study unfollowed or unliked brands, via a 5 percent bite-size amount of the user base.
Food for thought? Indeed.
There are just too many posts and they aren't catching anybody's real attention.
You must be logged in to post a comment.


text:
Submitted by nadams on August 3, 2012 - 6:56pm
C.J. Miles signs with the Cleveland Cavaliers.
The Optimist
Good evening, Mr. and Mrs. America and all the ships at sea! I'm the Optimist; you are Cavalier fans. Gird good and proper and get ready for today's installment of NEWS … AROUND … THE … LEAGUE.
As you could tell from that intro, I'm feeling a little flaccid today. Like one of those mushy softballs people play with without mitts. And I'm asking you guys right now not to shout any comments out or chew you gum loudly during today's column. I'm really hungover from last night's Barry Manilow concert at Blossom. I'll never do some of that stuff again. Geez.
Cavalier Girls Audition Finals Teaser
Submitted by bjirousek on August 1, 2012 - 5:54pm
Cavalier Girls Audition Finals teaser. Full video to premiere on Wednesday, August 8th.
One-on-One with Kyrie Irving
How is Kyrie Irving going to top his rookie season in Cleveland?
After being selected No. 1 overall in the 2011 Draft, all he did was turn in one of the greatest rookie seasons in league history – taking the MVP trophy at All-Star Weekend's Rising Stars Challenge and winning the Rookie of the Year Award. After taking top freshman honors, he starred in a Pepsi commercial and traveled to Vegas where he more than held his own against a Team USA squad that's been compared to the Dream Team.
Cavaliers Announce 2012-13 Preseason Schedule
Which Way Did He Go?
Now that Summer Leagues have wrapped up, the NBA starts to enter the dog days of the offseason. The free agency period is far from over, but a flurry of moves has once again changed the landscape of the league.
Some teams have spent some big cash and some big names have made bold moves. Other teams have chosen to keep their club intact – inking their own free agents. And young squads, like the Wine and Gold, continue to build their base primarily through the Draft.
The Optimist
Good afternoon, Mr. and Mrs. America and all the ships at sea! Optimist, here – urging you Cavallieros to cannonball into the weekly healing waters we like to call News … Around … The … League.
We might have too much column today. You may need a doggy bag.
Just to get it out in the open, take a look at today's bloated Table of Contents …
Cavalier Girls Audition Journals: Kaela Part IV
Submitted by bjirousek on July 27, 2012 - 1:19pm
The Cavalier Girls Audition Journal continues with Part IV as Kaela talks about the last preparations before the Final Audition.


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IZO™ Private Cloud is an OpenStack-based cloud solution that lets you manage your infrastructure, from application development to business-critical workloads across colocation, hosting, public and private cloud environments.
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To offer clients a speedy, secure and reliable user experience while at the same time, minimising operating costs and increasing resource efficiency, Cognizant, a US-based, Nasdaq listed organisation recognised the need to replace less reliable public Internet access to Amazon Web Services with more robust, secure connectivity.Continue Reading


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John R. Brehmer on: Woody Allen's favorite joke
Ed SAXON on: PTA's "Right Now" Video For Haim (4'31")
spassky on: Patti Smith in SONG BY SONG (1'04")
Patryk on: Jackie Kennedy's White House Tour 53'42"
Gonzalo Jimenez on: Spike Jonze For KENZO World (3'48")
Ben Kabak on: Teasing Malick's "Voyage of Life" (1'10")
RM Pence on: Beginnings... And Endings: Michael Cimino
YancySkancy on: Trailering Albert Brooks' Real Life (2'59")
spassky on: Peter Hutton At Hampshire College's 2010 Tashmoo Lecture Series (30m)
spassky on: DE PALMA SCORSESE CAVETT (1978) 45'33"
PTA's "Right Now" Video For Haim (4'31")
Jonathan Demme in the Modern World: On MANCHURIAN CANDIDATE (2004)
Jonathan Demme And Paul Thomas Anderson In Conversation (2015) (26'46")
Trailering The Restoration Of Ophuls' MEMORY OF JUSTICE (1'00")
Trailering Sofia Coppola's THE BEGUILED (2'22")
Terrence Malick, Man In The Hat… But Not Always
The Complete Cast Of "Twin Peaks," Season Three
Agnès Varda At ARTFORUM (16'25")
Other Side Of the Mind: Orson Welles Interviews Andy Kaufman (6'17")
"By the time the draft was completed, and passed on to my frequent collaborator, director Kathryn Bigelow, I'd written something quite unlike the singular focus and sole protagonists of The Hurt Locker and Zero Dark Thirty. The effort to make Detroit a mirror of the chaotic times led to an ensemble piece, quickly shifting between characters in a nesting doll of movies within movies, a riot film that gives way to racial horror-crime that switches to a courtroom drama, with several detours along the way into a band's journey, the miseducation of rookie cops and the adventures of a pair of young women experimenting with sexual freedom. It was, in short, a lot of ground to cover in a single picture. But Kathryn was encouraging, and over the proceeding draft we collaborated closely to hone the themes and scope, while attempting to keep alive the spirit of a tough and untamed narrative."
~ Mark Boal on researching and writing Detroit
What are we doing wrong?
"Well, first of all, by "we" I assume you mean the public, the public approach or the public discourse, which means the discourse that takes place in the media. And for the purposes of this discussion, let us imagine that the media is white and thus approaches the topic of race as if they (the white people) were the answer and them (the black people) were the question. And so, in the interest of fairness, they take their turn (having first, of course, given it to themselves) and then invite comment by some different white people and some similar black people. They give what purports to be simply their point of view and then everyone else gives their beside-the-point of view.
"The customary way for white people to think about the topic of race—and it is only a topic to white people—is to ask, How would it be if I were black? But you can't separate the "I" from being white. The "I" is so informed by the experience of being white that it is its very creation—it is this "I" in this context that is, in fact, the white man's burden. People who think of themselves as well intentioned—which is, let's face it, how people think of themselves—believe that the best, most compassionate, most American way to understand another person is to walk a mile in their shoes. And I think that's conventionally the way this thing is approached. And that's why the conversation never gets anywhere and that's why the answers always come back wrong and the situation stays static—and worse than static."
~ Fran Lebowitz, 1997


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European police bust Iranian people-smuggling ring
European police have smashed a major ring smuggling illegal Iranian migrants into Europe where they were given false papers to travel on to Britain or Canada, Europol said Tuesday.
"In the early morning hours (on Monday), 11 suspects were arrested in Spain and seven in the United Kingdom," the Europe-wide police body said in a statement issued from its headquarters in The Hague.
Another 20 suspects were arrested during "Operation Marlo", which Spanish police initiated in August 2011 and also involved the United Kingdom Border Agency. The operation was supported by Europol.
The gang -- which mainly operated out of Spain -- allegedly asked Iranian migrants for large sums of money -- up to 18,000 euros ($23,000) -- before smuggling them to Turkey by car and then across the border into Greece.
"The travel continued to other countries within the (European Union's) Schengen area in order to take advantage of the free movement," Europol said.
The illegal migrants stayed in transit countries until they were given false documents in order to continue to their final destinations "in most cases (non-Schengen member) the United Kingdom and Canada."
"The organisation had good knowledge of legislation on immigration and asylum in different countries allowing them to take advantage of legal loopholes and abuse legitimate forms of migration like weddings, reunions and asylum, thus ensuring the success of their illegal activities," Europol added.
Police also searched seven homes in Spain and 11 in Britain and seized mobile phones, bank statements and forged travel documents during the operation.


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Wilsonville High School English Teacher and Theatre Director Jason Katz portrays R. F. Simpson, the excitable movie producer in Mask & Mirror's production of Singin' In The Rain opening at Tualatin High School on August 14th. Photo by Al Stewart Photography.
Classic Musical: Mask & Mirror Community Theatre presents the classic musical comedy, Singin' In The Rain. Set in Hollywood in the waning days of the silent screen era, this delightful musical, based on the movie of the same name, focuses on romantic lead Don Lockwood, his sidekick Cosmo Brown, aspiring actress Kathy Selden, and Lockwood's leading lady Lina Lamont, whose less-than-dulcet vocal tones make her an unlikely candidate for stardom in talking pictures. Performances at Tualatin High School: August 14, 15, 21 & 22 at 7 pm and matinees on August 16 & 23 at 2 pm. Tickets at MaskAndMirror.com or call 503-333-1139.


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SERIAL killer Mick Taylor has slashed his way to the top of the Australian box office.
Wolf Creek 2, the hotly anticipated sequel to Greg Mclean's 2005 hit, scared $1.7 million out of movie-goers at the weekend.
Helped, perhaps, by its teenage-friendly MA rating, the homegrown horror film beat Disney war drama Lone Survivor, starring Mark Wahlberg and Eric Bana, to the No 1 spot.
Five weeks after it was released, R-rated Oscar contender The Wolf of Wall Street slipped to No 3 (with an overall box office gross of almost $20 million.)
Mixed reviews clearly haven't dampened enthusiasm for the return of John Jarratt's Outback villain more than eight years on.
Packed to the Rafters actor Ryan Corr co-stars as a British backpacker who makes the unfortunate mistake of straying into Taylor's hunting ground.
A very healthy $7,785 screen average augurs well for the $7 million sequel, which has taken almost a third of the original film's $6 million Australian box office gross in its opening weekend.


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- Doctors
- Florida
- Madeira Beach
- Internists
- Dr. William H. Minnix
Ratings for Dr. William H. Minnix
He was great until he dropped serving his patients suboxone.
Canadians visiting Florida for the month. Had to bring my 87 yr old mom in for an infection. The infection was diagnosed in office - no going to the lab. Had results within minutes. Wish we could get this kind of treatment at home! The doctor and the staff were professional and pleasant. Plus, it was very affordable. I highly recommend this practice.
My son and I both see Dr. Minnix when we are in Florida. He is an excellent, caring and knowledgeable doctor who listens and is careful about prescribing. We recommend him to everyone. If he does not know something he will research. He is a fine doctor who chose medicine as his career for the right reasons - to help people.
Very nice personality and friendly. He diagnosed my appendicitis quickly. He talked to me and my husband and put us at ease.
I went to Dr. Minnix's office for the first time for annual routine checkup. Even though I had an appointment, I was made to wait for 2 hours along with other patients waiting as long as I was. Meeting with the doctor was very brief and I was sent to a lab for blood and urine testing. Since I never heard back from the office after the lab work, I called and was told, they would not contact unless something was wrong and everything was fine with the lab work. I asked the staff to send me the result and it was sent to me in the mail. So I never had a chance to go over the result with Dr. Minnix. THEN, I was charged for partial payment for this because they claimed it to the insurance company as hypertention consultation rather than annual routine checkup. I called and wrote them more than few times to correct but they never took care of it. I am quite dissatisfied with their sloppy operation and unattentiveness to a paetient. I will never go back.
Dr. Minnix is great. He honestly listens to you, takes time, laughs and jokes with you, is willing to talk about Jesus/God, and seems to actually care. Great great great Dr.
Dr Minnix is awesome! He actually takes the time to LISTEN to what you have to say. He is down to earth, genuine, patient, very pleasant, friendly, knowledgable, understanding and there are just not enough words to use to describe how wonderful this man is! So sad that the practice may be closing. If you have the pleasure of being treated by him, you will not be disappointed!
Dr. William H. Minnix's Credentials
Facility Affiliations
Accepting New Patients
- University Of Florida College Of Medicine (Grad. 1979)
Other Specialties
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Teenage Cocktail Movie Review :
High school Cocktail is a 2016 American show, thriller, composed and coordinated by John Carchietta. It stars Nichole Bloom, Fabianne Therese, Michelle Borth, Pat Healy, AJ Bowen and Joshua Leonard. The film had its reality debut at South by Southwest on March 12, 2016.Feeling limited by their residential area and domineering guardians, Annie (Nichole Bloom) and Jules (Fabianne Therese) incubate a plan of fleeing. Be that as it may, as the young ladies soon discover, outcomes can wallop you. Now and then brutally.
Nichole was brought up in the San Francisco Bay Area. Her mom is Japanese,[1] and her dad is caucasian. She cherished reproducing characters and doing entertaining voices from an extremely youthful age. As a tyke, she implored her folks to help her get a specialist, and after that at 14 years old, she moved to Los Angeles to seek after going about as a vocation. Nichole went to Santa Susana High School in Simi Valley. Nichole went ahead to go to the University of Southern California as a Theater major and graduated right on time, following three years. She says it was a test for her to get cast in the college's own particular plays on the grounds that she committed such a large amount of her extra time to proficient tryouts outside of school .The pair choose their fantasies are greater than the residential community they're stuck in, so they bring forth an arrangement to do some "Web demonstrating" to gain some money and rush toward the Big Apple. In any case, when the trade doesn't turn out as fast as they trusted, Jules chooses to take things to the following level: meeting outsiders for sexual experiences. A hesitant Annie gets reserved in by her mysterious perfect partner to meet a man named Frank (Pat Healy) for an exceptional night of energy, for the cost of five thousand dollars, which they think will be sufficient to help them get away from their commonplace presence. This, obviously, winds up deplorably for everybody required as we perceive how one night of sex, when a portion of the gatherings have not as much as excellent expectations, can wind up destroying lives until the end of time.
What I truly refreshing about Teenage Cocktail is the way the script sagaciously investigates the perils of the Internet in a way that feels somewhat not quite the same as the standard Lifetime "every other person is malevolent" approach. Characters aren't scoundrels here, they're ordinary individuals who get stirred up in an awful chain of occasions, which is something every one of us can identify with on generally levels. Forthcoming isn't a "sick person" since he meets more youthful ladies for sex; he's only a hitched fellow who feels somewhat imperceptible and, as Annie and Jules, puts on a persona with the goal that he can feel like somebody effective (we learn right off the bat that his better half is not as much as excited by his pool-themed calling). High school Cocktail doesn't settle on expressions of remorse for its characters' choices, yet rather puts forth an awesome defense for how these three could get stirred up in the astonishing issue that takes after their experience.


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CHANGES in COBRA, MILITARY LEAVE, HIPAA and THE FAIR LABOR STANDARDS ACT
- Maximillian Alexander
- 1 years ago
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1 CHANGES in COBRA, MILITARY LEAVE, HIPAA and THE FAIR LABOR STANDARDS ACT SANDS ANDERSON MARKS & MILLER 801 E. Main Street, PO Box 1998 Richmond, Virginia Main: (804) Fax: (804)
2 Changes in COBRA, Military Leave, HIPAA and the Fair Labor Standards Act Two years ago on April 23, 2004 the U.S. Department of Labor issued new regulations amending key provisions of the Fair Labor Standards Act (the FLSA ). The most significant changes were to what are commonly referred to as the White Collar Exemptions the exemptions from overtime and minimum wage that are afforded to bona fide executive, administrative, professional, and computer science personnel under 29 C.F.R The Fair Pay regulations have now included a fifth category of exempt employee the highly compensated employee. As the preamble to the new regulations sets forth, the regulations have adopted the evolving case law of the recent past. The very lengthy (278 pages) preamble must be read to fully understand how the new regulations will be interpreted by DOL and the courts, in the future. In many cases the preamble helps illuminate and define the terms that are in the regulations. The preamble is found on the DOL s website at A. Exclusions from the White Collar Exemptions The Fair Pay regulations added a new section C.F.R which restricts the reach of the white collar exemptions. Blue collar workers, manual laborers, and any other worker who performs work involving repetitive operations with their hands, physical skill and energy are expressly excluded. Also, the regulations now expressly provide that all police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, park rangers, fire fighters, paramedics, EMT/ambulance personnel, investigators, inspectors correctional officers, probation and parole officers, can not be exempt under the white collar exemptions regardless of their rank or pay level. The regulations specifically state that that the primary duty of public safety personnel is public safety rather than any other auxiliary executive or administrative functions that may be performed. Under well established case law, FLSA exemptions are to be narrowly construed. Arnold v Ben Kanowsky, Inc., 361 U.S. 388 (1960). 1
3 B. Basic Criteria for White Collar Exemption There are three criteria that must be met in order for a position to fall within one of the White Collar Exemptions. 1. Salary Level Test Exempt individuals must be paid a minimum salary. There are two salary level tests. For most white collar exemptions, a minimum weekly salary of $455/week ($23,660/year) must be paid. 1 There is now a separate duties test for individuals who earn $100,000 or more annually (provided that this amount includes a minimum salary of $455 weekly). The work performed must not be manual or involving repetitive operations with the hands, physical skill, or energy and was customarily and regularly performed one or more exempt duties of an executive, administrative, or professional employee. 29 C.F.R The $100,000 may include commissions and nondiscretionary bonuses. These positions are called Highly Compensated employees. 2. Salary Basis Test Employees included within the White Collar exemptions must be guaranteed a weekly salary which is defined as a predetermined amount of compensation each pay period. The salary can not be reduced because of the quality or quantity of the work performed or because of absences of less than one week. Improper deductions from salary will defeat the exemption and the courts have been very strict on upholding this rule. While partial day deductions from pay will still violate the salary basis test, there is one notable exception. Now disciplinary suspensions without pay may be imposed for one day or more (formerly it was an increment of one week) provided that the work rule violated was set forth in written policy (and not for an issue relating to attendance or performance). One of the principal ways to defeat the salary basis is the record keeping and payroll practices used by the employer. Hour for hour recording of time, paying extra compensation on an hour for hour basis may defeat the exemption. However, deductions from accrued leave accounts are permissible as well as paying addition compensation beyond the minimum guaranteed salary of $455 may be permissible. 1 If an individual s salary is less than $455 weekly, overtime compensation is guaranteed no matter what the duties of the position entail. 29 CFR
4 The regulations must be carefully scrutinized to determine if payroll and record keeping practices comport with the rules applicable to the salary basis test. 3. Primary Duty Test To be exempt, each of the five White Collar type positions must meet the primary duty test established for that exemption. The short and long tests formerly in the regulations have been eliminated and now there is only one primary duty test for each exemption. The definition of primary duty is found in 29 C.F.R The primary duty is the employee s principal, main, major, or most important duty. It includes factors such as the importance to the organization of the exempt duties, the time spent on performing exempt duties, the employee s freedom from supervision in the exercise of the exempt duties, and the relationship between the employee s salary and the compensation paid to non-exempt employees. DOL rejected the arguments that a numerical rule should be established for time spent on exempt duties. Generally if an employee spends 50% or more of work time on exempt duties, the primary duties test will be met. 2 The primary duty will be assessed based on all the facts of the case with a major emphasis on the character of the employee s job as a whole. 3 Customarily and regularly is defined in 29 C.F.R ; it does not mean the majority of the time, however, exempt work must be performed recurrently and every workweek. C. Executive Employee Exemption An executive s primary duty must be the management of the enterprise or a recognized department or subdivision of the enterprise and must customarily and regularly direct the work of two or more full time employees. 4 In addition, the executive must have the authority to hire and fire the employees or to make recommendations as to hiring, firing, advancing, or promoting that are given particular weight. 29 C.F.R (a)(4). Management duties are defined in 29 C.F.R and include 2 The regulations provide a useful example of a position that would not be exempt - an assistant retail store manager who spends over 50% of his time on the cash register and who is closely supervised by the manager and who earns little more than the nonexempt employees. 29 C.F.R (c). 3 DOL adopted the reasoning of the Fourth Circuit in Counts v South Carolina Electric & Gas, Co., 317 F. 3d. 453 (4 th Cir. 2003). 4 Two or more full-time or the equivalent. 29 C.F.R Volunteer labor or intermittent supervision does not count. 3
5 interviewing, selecting, training, setting or adjusting pay rates, directing work, maintaining records, evaluating employees, handling employee complaints, disciplining, planning work, budgeting, etc. The frequency in which these duties are exercised or the recommendations on such actions sought and relied upon will be determinative. 29 C.F.R D. Administrative Employee Exemption An administrative employee s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer s customers and include the exercise of discretion and independent judgment with respect to matters of significance directly related to the management or general business operations of the enterprise. (C.F.R and ). The regulations define directly related to the management or general business operations as work directly related to assisting with the running or servicing of the business, as distinguished, for example from the working on a manufacturing production line or selling a product in a retail or service establishment. The types of functions that are included as administrative in nature are tax, finance, accounting, budgeting, auditing, and insurance, quality control, purchasing, procurement, advertising, marketing, research, safety/health, personnel management, human resources, computer network, internet and database administration, legal/compliance, and similar activities. C.F.R (b). The exercise of discretion and independent judgment test requires that the employee compare and evaluate possible courses of conduct and act or make decisions after the various possibilities have been considered C.F.R (a). In evaluating whether an employee exercises discretion and judgment, factors to consider include: whether the employee has authority to formulate, affect, interpret, or implement management policies or operating practices; whether the employee carries out major assignments in conducting the operations of the business; whether the employee performs work that affects business operations to a substantial degree; whether the employee has authority to commit the employer in matters with financial impact; whether the employee has authority to waive or deviate from established 4
6 policies/procedures without prior approval; whether the employee has authority to negotiate/bind the company on significant matters; whether the employee provides consultation or expert advice to management; whether the employee is involved in short or long term business planning; whether the employee investigates and resolves matters of significance on behalf of management; whether the employee represents the company in handling/resolving grievances or in arbitrations (C.F.R (b). Whether the employee must meet one or more of these factors, has not been addressed in the regulations. Further, the regulations state that exercise of judgment/discretion is not negated by the fact that the employee s decision-making may not be final or unlimited for clearly in most work environments, decisions of most employees have some level of review by higher management. C.F.R (c) Discretion and independent judgment must be more than the use of skill in applying well-established techniques, procedures, or specific standards described in manuals or other sources. C.F.R (e) and C.F.R Clerical or secretarial work is excluded, as are data tabulation and other mechanical, repetitive, recurrent, or routine work. The regulations (C.F.R ) include ten (10) illustrative examples: Insurance Claims Adjuster: Generally exempt if, but duties include interviewing, inspecting, making recommendations regarding coverage, determining liability and claim value, negotiating settlements, and making recommendations regarding litigation. Financial Services Employees: Generally exempt if duties include collecting and analyzing customer financial data; matching customers to financial products; advising customers regarding different financial products; marketing, servicing or promoting financial products. However, the regulation contains a proviso stating that employees whose primary duty is selling financial products do not qualify for the exemption. Executive Assistant: Generally exempt if principal assistant to proprietor or senior executive and working without specific instructions and with delegated authority. 5
7 Human Resources Managers: Generally exempt if the primary duty involves formulating, interpreting, implementation. Purchasing Agents: Generally exempt if the employee has the authority to bind the company on significant purchases. Inspectors: Ordinary inspection work will not qualify for the exemption. Examiners or Graders: Traditionally non-exempt as are lumber graders.. Comparison Shoppers: Generally non-exempt if duties involve merely reporting to buyers; generally exempt if duties involve evaluating to set employer s prices. Public Sector Investigators/Inspectors: Generally non-exempt. The regulations also specifically provide for exemptions for administrative work in educational establishments including K-12, special education, and licensed trade schools (C.F.R ). Academic administrative functions must relate to educational functions and excludes work such as building maintenance, psychologists, dietitians, and room managers (who may be exempt under other exemptions). E. Professional Employee Exemption A professional employee s primary duty must involve the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by prolonged intellectual instruction. 29 C.F.R This requires generally an advanced academic degree, however, the new regulations allow for work experience to count if such experience is one leading to a traditional area of expertise deemed professional, e.g. practicing law or chemistry without the degree. C.F.R (d) The regulations specifically exclude mechanical arts or skilled trades. C.F.R (c). The regulations provide examples of professions that meet the exemption: lawyers, doctors, accountants, actuaries, architects, scientists, pharmacists, certified medical technologists, registered nurses (but not LPN s), 5 dental hygienists (who have 5 However, in order to maintain the exemption, nurses must be paid on a purely fee or salary basis with no part of the compensation in the form of hourly wages. Elwell v University Hospital Home Care Services, 6
8 completed approved four year degree programs), teachers, physician assistants (who have completed accredited programs), executive and sous chefs (who have completed four year culinary arts programs) (but not cooks), athletic trainers (if certified and with a four year degrees), licensed funeral directors and embalmers. Paralegals are not exempt professional employees unless they would qualify by virtue of advanced specialized degrees in other fields such as the occasional engineer/paralegal. C.F.R (e)(7). The regulations allow for new types of professionals to come into existence as recognized by certifying organizations. C.F.R (f). The regulations also continue to provide for creative professionals (C.F.R ). F. Computer Employee Exemption The regulations concerning computer employees have made a few substantial changes. Employees exempt under this exception must be paid on a salaried basis with an hourly rate at a minimum of $27.63/hour. C.F.R , The duties tests remain largely the same as before. The primary function must be computer systems analysis or programming. Employees working with computers who otherwise meet the tests for the executive or administrative exemption may be classified as exempt in accordance with those regulations. G. Window of Correction Liability for improper deductions will be limited to the time period in which the improper deductions were made, for employees in the same job classifications and working for the same managers responsible for the actual improper deductions. Window of Correction or safe harbor rules have been reaffirmed and clarified. There will now be no loss of an exemption if the employer has a clearly communicated policy prohibiting improper deductions, reimburses employees for any improper deductions, and makes a good faith commitment to comply in the future. 276 F.3d 832 (6th Cir. 2002)(approved by DOL preamble). 7
9 Payroll practices which do not compromise the salary basis include: deductions from accrued leave accounts; time keeping requirements; scheduled shifts; paying additional compensation beyond minimum guarantee of $455/week. MILITARY LEAVE The Uniformed Services Employment and Reemployment Rights Act ( USERRA ) regulations implementing post 9/11 amendments to the act took effect on January 18, USERRA protections against discrimination and retaliation, provides job restoration rights, and other benefits to those who have to leave employment for uniformed service. Uniformed service includes active duty in the armed services and their reserves as well as full-time service in the Army and Air National Guards, commissioned service in the Public Health Service and certain service in the National Disaster Medical System; active or inactive duty for training; and examinations for fitness for duty. USERRA protections apply to all employees, full-time, part-time, seasonal, temporary, those on leaves of absence, and all others who are on the payroll. USERRA provides the following: Time off or intermittent leave before uniformed service starts in order for the employee to prepare for the military service. Paid military leave is not required but employers may but may do so (it is not uncommon for an employer to pay differential pay; note under Virginia law, local and state governments must provide 15 days of paid leave per fiscal year). Health coverage and other benefits are to be provided in the same manner as they are provided to anyone on leave without pay status. COBRA continuation rights are for a 24 month period (however, if the uniformed service is for less than 31 days, the employee does not have to pay the premium costs if those costs are covered by the employer during the period of pre-departure employment. 8
10 Military leave is to count as hours worked for the purpose of determining employee eligibility for Family and Medical Leave (1250 hours within the 12 month period. Restoration rights are not lost if an pre-departure election is not made; USERRA job restoration rights to be preserved must be exercised within fixed periods of time depending on the length of service within one day for service less than 31 days, within 14 days for service of days, and 90 days for service longer than 180 days. When reinstated the employee is to be returned to the same position, status, seniority, and rate of pay that the employee would have received had he remained continuously employed ( escalator principle ). Returning employees may only be terminated for cause within the first year after their return if they served more than 180 days and within 180 days after their return if they served from days. The employer must post the USERRA notice in a prominent place in all work sites. The notice may be obtained at USERRA_Private.pd#Non-Federal. State Law Requirements Employees of the state and political subdivisions of the Commonwealth are to receive 15 days of paid leave per federal fiscal year for military service. See of the Code of Virginia. This section also allows a local government to supplement the military pay of an employee on active federally funded duty to the extent the combined military pay and supplemental pay is equivalent to the employee s regular pay. Section allows the Commonwealth to provide such a supplement in pay. School divisions are required to provide supplemental pay. See Effective July 1, 2006, a public employer must pay an employee who is to report to work within 8 hours after discharge for the full shift if the return to employment is for less than a shift. 9
11 HIPAA Employers are indirectly regulated by HIPAA if they are a plan sponsor of ERISA health plans. An employer s health plan with fewer than 50 participants and which is self administered by the employer is excluded. Employers may also be directly covered as a provider entity if they have an on-site health clinic or provide on-site healthcare services for which they bill electronically. However, most employers are indirectly covered because they sponsor employee health plans that are covered entities. The extent to which employers are impacted depends upon whether the group health plan is fully-insured or self-insured. A. Protected Health Information (PHI) (defined at 45 C.F.R ) Protected health information (PHI) is individually identifiable information, including demographic information, related to the past, present, or future physical or mental health or condition, the provision of health care to an individual, or the past, present, or future payment for such health care, that is created or received by a covered entity. Individually identifiable information (45 C.F.R (b)(2) covers a broad range of identifiers of the individual, his relatives, employer or household members, including: name, address, telephone numbers, and addresses social security number account numbers used to identify the patient in medical records, health plans certificate/license numbers, vehicle and device identifiers, serial numbers biometric identifiers (finger/voice prints), photographic images all elements of dates (except year) including birth date, admission date, discharge date, date of death, and all ages over 89 B. Physician s Notes Medical information found in employee records is not PHI. HIPAA provides exceptions from the definition of PHI for medical information found in employee records 10
12 (45 C.F.R ) and for medical information created pursuant to OSHA medical surveillance obligations. (45 C.F.R (b)(1)(v)) [Note: Although this information may not be covered under HIPAA, other federal and states laws place confidentiality restrictions on medical information] C. Employer-Sponsored Health Plan Although most employers are not covered in their role as an employer, they may sponsor employee health plans which are covered entities. In addition to sponsoring a plan, the employer may also be a plan administrator and plan fiduciary under ERISA. HIPAA recognizes that, under ERISA, a plan and its plan sponsor are separate legal entities. However, in practical terms it is the plan sponsor, i.e., the employer that typically acts on behalf of the plan because the plan has no employees. Therefore, it will be the employer s responsibility as the plan sponsor and fiduciary to ensure the plan s compliance with the HIPAA regulations. An employer must examine each benefit it offers (i.e., major medical, dental, optical, EAP, health reimbursement account, flexible spending account, and specialty medical policy such as cancer policy) to determine if it meets the HIPAA definition of a health plan and, if so, examine the employer's responsibilities under HIPAA. These responsibilities can vary from plan to plan. Employers offering self-insured health plans will be the most directly affected. They will be responsible for the plan s full compliance with HIPAA regulations, even if they use a TPA for plan administration. Employers offering fully insured plans will be able to delegate many compliance functions to the insurer but the employer s group health plan will retain some responsibilities. D. Requirements for Self-Insured Health Plans A self-insured or self-funded group health plan with 50 or more participants sponsored by an employer must comply with all health plan requirements under the Privacy Regulations. Some of the key requirements are discussed below: 1. Notice of Privacy Practices (NPP). The group health plan must have a notice of privacy practices available for any enrolled participants. Distribute if the named insured, i.e. employees, but not to dependents. 45 C.F.R
13 2. Authorizations. A health plan does not need an individual s consent or acknowledgment of its notice of privacy practices to use or disclose PHI for treatment, payment, or health care operations. (45 C.F.R ) These activities include claim payment, stop-loss claims, subrogation, evaluating plan performance, underwriting, auditing, and medical reviews. A number of other disclosures do not require consent or authorization, including disclosures to comply with Workers Compensation laws. 45 C.F.R and Other uses and disclosures of information by the health plan require a written authorization from the individual. See 45 C.F.R Complaints. (45 C.F.R (d)) The health plan must establish a procedure to handle privacy complaints from individuals. The notice of privacy practices should explain whether individuals should contact the TPA or the employer with complaints. 4. Business Associate Agreements. (45 C.F.R. 504(e)) Any outside entity that receives PHI from the plan in order to perform functions on behalf of the plan is a business associate of the health plan. Business associates may include, for example, TPAs, preferred provider organizations, utilization review companies, subrogation recovery firms, accounting firms, insurance brokers, consultants, and outside legal counsel. The plan must have the required business associate agreements in place with each such business associate. 5. Administrative Requirements. The employer-sponsored health plan is also subject to the Privacy Regulations administrative requirements. See 45 C.F.R The plan must: Designate a privacy official; Document the plan s privacy policies and procedures; 12
14 Conduct privacy training; Establish information security measures; Establish a system for reporting noncompliance; and Establish and enforce sanctions for policy violations. 6. Limited Employer Access to PHI. (45 C.F.R (f).) Employers may not access any health plan PHI for nonplan purposes, and especially not for employment-related purposes. For example, an employer may not reassign an employee to another job based on information from the health plan that the employee is being treated for alcoholism. An employer receives personal information about the employees from a variety of sources, including directly from the employee. The concern of the Privacy Regulations, however, is information received from or through the employer s health plan. 7. Firewalls. Employers must establish a firewall between plan-related uses of PHI and general corporate or employment-related uses of PHI. 45 C.F.R (f)(2)(iii). Employers who currently have the same individual or group of individuals handling all benefit plans plus human resource matters should consider separating these functions. In small organizations where having different staff members for these functions is not feasible, the employer should, at a minimum, establish policies and conduct training regarding the confidentiality of PHI and the need to restrict uses as well as disclosures. TPAs contacting an employer will need to be careful about the staff members at the employer s offices with whom they communicate, so that PHI is communicated only to authorized personnel. Covered entitles and business associates will need to carefully consider the appropriate avenues of communication. Employment records are not PHI, even if they contain health information about an employee. Employment records are not subject to this HIPAA s confidentiality requirements. Employment records may include medical information needed for an employer to carry out its obligations under the Family and Medical Leave 13
15 Act, Americans with Disabilities Act, and similar laws, as well as files or records related to occupational injury, disability insurance eligibility, sick leave requests and justifications, drug screening results, workplace medical surveillance, and fitness-forduty tests of employees. Although not subject to the HIPAA "confidentiality," These type records have always been subject to "confidentiality" requirements under the Americans with Disabilities Act and must be kept separate from other personnel records. 8. Plan Document. The health plan s plan document must be amended to include a number of specific provisions relating to privacy. See 45 C.F.R (f). No disclosures from the health plan to the employer are permitted until the plan document is amended. The plan document must identify all permitted and required uses and disclosures of PHI by the employer for plan administration purposes. The plan document must state that the employer will not use PHI received from the plan for employment-related actions or decisions, or in connection with any of the employer s other health plans. The plan document must identify which employees or classes of employees of the plan sponsor, or other persons under control of the plan sponsor, are to be given access to PHI (e.g., a benefits clerk, a benefits committee, or claims appeal committee). In addition, the employer must ensure that there is adequate separation between the employer and the plan to protect the privacy of plan-held information. E. Insured Health Plans Employer-sponsored health plans that offer benefits through an insurance contract with a health insurance company or HMO (Insured Plans) are also covered entities under HIPAA. For Insured Plans, however, most of the compliance responsibilities discussed above will fall on the insurer or HMO, since they are already covered entities under HIPAA. For example, the insurer or HMO will typically provide the Notice of Privacy Practices and handle compliance with regard to the individual s right to access and amend their records, and to obtain an accounting of disclosures. The policy behind this limited-compliance approach for the Insured Plan is that the insurance company or HMO will be providing these individual rights and privacy 14
16 protections in its own role as a covered entity, and the incremental value of having the employer s Insured Plan duplicate these activities would not justify the additional burdens on the plan sponsor. The obligations of an employer that sponsors an Insured Plan with regard to HIPAA compliance are determined by the approach the plan takes to PHI. 1. The Hands-Off Approach. Insured Plans can reduce their privacy obligations if they take a hands-off approach to PHI. An employer-sponsored health plan is not subject to most Privacy Regulations requirements if it provides benefits solely through an insurance contract with an insurer or HMO. To qualify under this hands-off approach, the Insured Plan may not create or receive any PHI, except in two limited situations. It may receive and use enrollment and disenrollment information and it may receive and use summary health information for the purpose of obtaining premium bids or modifying, amending, or terminating the plan. 45 C.F.R (f)(I)(ii). Even under this hands-off approach, there are two obligations on the Plan sponsor. It cannot retaliate against or intimidate an employee exercising his or her rights under the Privacy Regulations or require that an employee waive his or her right to file a complaint with DHHS as a condition for eligibility or participation in the plan. 45 C.F.R (g), (b), (j), and (k). If the Insured Plan shares any PHI with the plan sponsor (employer) other than enrollment/disenrollment information and summary health information, the plan document must be amended as described above. Most employers, as plan sponsors, have been more "hands on" in the past in helping employees with billing or coverage problems with either the insurance company or the provider. A "hands off" employer must discontinue this practice unless it obtains a signed authorization from the employee. 2. The Hands-On Approach. If the Insured Plan does create or receive PHI in addition to enrollment/disenrollment and summary health information, i.e., it takes a hands-on approach, it is generally subject to all of the Privacy Regulations requirements, including all of the administrative requirements discussed above, such as appointing a privacy 15
17 official, documenting its policies and procedures, and providing training for its workforce. The responsibilities with regard to the notice of privacy practices are reduced, however. The Insured Plan must prepare and maintain a notice of privacy practices and provide that notice upon request (to anyone), but is not required to distribute the notice to all plan participants. All health plans, including all Insured Plans, must limit employer access to PHI as described above and may not use health plan PHI for employment purposes. F. Employer s Receipt and Use of Employees Medical Information HIPAA provides exceptions from the definition of PHI for medical information found in employee records (45 C.F.R ) and for medical information created pursuant to OSHA medical surveillance obligations. (45 C.F.R (b)(1)(v)) Employers may have an obligation under OSHA or state laws to conduct medical surveillance on its employees. OSHA is authorized to adopt standards requiring medical screening and surveillance in certain industries. Medical screening is a method for detecting disease or bodily dysfunction in an individual without current symptoms, but who may be at high risk for certain adverse health outcomes. Medical surveillance, on the other hand, involves the analysis of health information to look for problems that may be occurring in the work place that require targeted prevention, and thus serves as a feedback loop to the employer. Thus, OSHA can require medical surveillance to determine whether a given occupation presents increased risks to employees, and, if it does, OSHA can then require medical screening of employees in that occupation to monitor their exposure to the increased hazards. Because an employer receives these medical records in its role as an employer, it has no HIPAA responsibilities with respect to them. A provider, however, does have HIPAA responsibilities before it may release these medical records to an employer. In order for a covered entity to disclose such information to the employer, several requirements must be satisfied. The covered entity must either be an on-site clinic or a clinic providing health care to an individual at the employer s request. The employer s request must be 16
18 in relation to medical surveillance of the workplace or to evaluate whether the individual has a work-related illness or injury. The protected health information disclosed must consist of findings concerning work-related illness or injury or a workplace related medical surveillance. The employer must need such findings in order to comply with its OSHA or VOSH obligations. The covered entity must provide written notice to the individual that the PHI will be disclosed to the employer. This notice must be provided by the covered entity at the time of the treatment, or, if the covered entity is an on-site clinic, by posting the notice in a prominent place at the site. Even though employers are not covered entities and information received in their employer role is not PHI, employers will still need a signed authorization to obtain PHI from a provider or group health plan since these are covered entities. This would include information from a provider such as fitness for duty, to make decisions about the employer s ADA accommodation responsibilities and results of drug screening. Any medical information provided directly by the employee such as off-work excuses, return to work slips, and FMLA certifications will not need an authorization. Once a covered entity discloses PHI to another individual, such as the employer, the PHI loses its protection under HIPAA. However, the employer still has obligations under ADA and common law. An employer should not lose sight of the fact that even though HIPAA may not apply, HIPAA has raised the bar on employees expectations of privacy with respect to their health information. The HIPAA regulations have changed the way subpoenas for medical information are handled. If an employer receives a subpoena for production of an employee s health information, HIPAA does not apply unless the employer is selfinsured and the subpoena requests health plan documents. 17
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text:
For a long time I didn't fully understand redemption. I understood who Christ was and I understood what He did. However, redemption was a foreign thing as far as I was concerned. I defined myself by what I did, and I lived in fear of being found out. I worried if someone learned choices I had made in the past it would overrule how they saw me now.
Truth be told, for some people it would. It's what I did for a long time. What I had done could not be outlived. I couldn't do enough to make it go away. I simply didn't understand. I didn't have to do anything to make it go away. Christ already did that. A simple concept. One I have shared with others. How is it there is a difference between knowing and believing? Or maybe I simply understood the best I could, and more has been revealed. I don't know, but I am grateful.
My past no longer haunts me as it once did. I also no longer hear the voices to try harder to make up for what I have done. Now I simply trust my Lord. He has redefined who I am. He sees me as His child, and I am learning to do the same.
What about you? Do you grasp who Christ is, but haven't fully grasped who you are in Him? I pray God will reveal to you exactly how redeemed you are.
Isaiah 61:1-3
The Spirit of the Sovereign Lord is on me, because the Lord has anointed me to preach good news to the poor. He has sent me to bind up the brokenhearted, to proclaim freedom for the captives and release from darkness for the prisoners, to proclaim the year of the Lord's favor and the day of vengeance of our God, to comfort all who mourn, and provide for those who grieve in Zion— to bestow on them a crown of beauty instead of ashes, the oil of gladness instead of mourning, and a garment of praise instead of a spirit of despair. They will be called oaks of righteousness, a planting of the Lord for the display of his splendor.


text:
A must see for all fans of baseball, especially the Reds. It is highly interactive for the kids. I attended when they had a great exhibit on Johnny Bench. This got me to decide to donate toward the statue outside the stadium. I have gone to the Baseball Hall of Fame in NY many times and I find that this is to that same level (with just the focus on the Reds). I highly recommend a visit.
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text:
Dani Jensen & Skyla Novea – After Studies
Released: November 8, 2016
Skyla was doing her homework when her stepmom, Dani, walked in wearing yoga pants and a tight top that nicely pressed against her big tits. She seduced her stepdaughter and then shoved her head between her tits. Skyla confessed that she's been eyeing her stepmom. Soon after, Skyla licked her Dani's pussy. After experiencing an amazing orgasm, Dani tongue fucked her stepdaughter's tight little asshole.
Size: 357 MB | Duration: 34 min | Video: 768×432, 1480 kbits/s | Audio: 32000 Hz, 32 kbits/s


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Car Wash
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