In This Issue
Complying With the New Disposal Rule
Medicare Part D Guidance For Employers That Do Not Provide Retiree Drug Benefits
Settlement Agreements: What Claims can be Waived or Not Waived? That is the Question.
Employers Of Illegal Workers At Risk of RICO Suits
Firm News: Three Elarbee Thompson Attorneys Named "Georgia Rising Stars"

Articles
Complying With the New Disposal Rule
Joshua H. Viau

As most employers know, there are myriad federal and state laws and regulations governing how long various employment records must be maintained. Some employers, however, may not realize that to combat the problem of identify theft, there are now regulations dictating how employers may dispose of certain employee documents as well.



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Medicare Part D Guidance For Employers That Do Not Provide Retiree Drug Benefits
Patricia K. Keesler

Does your health plan cover active employees or their dependents who are over age 65 or who are eligible for Medicare due to end stage renal disease or social security disability? If your answer is “yes” or “I don’t know for sure” then your health plan needs to take some action.



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Settlement Agreements: What Claims can be Waived or Not Waived? That is the Question.
Sharon P. Morgan & Suzanne K. Lehman

Finally, a contentious case with an employee is resolved. You think to yourself, the hard part is over, and all I need to do is pull out the company’s standard settlement agreement and make a few changes. Not so fast. A recent decision by the Fourth Circuit Court of Appeals requires every employer to take a second look at those standard settlement agreements.



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Employers Of Illegal Workers At Risk of RICO Suits
William D. Deveney & Clay C. Mingus

Employers of illegal workers are finding themselves in court more frequently lately, being sued for allegedly violating the Racketeer Influenced and Corrupt Organizations Act (RICO). Increasingly, employees are using both federal and state RICO laws to sue employers, arguing that their employers have intentionally reduced labor costs and depressed wages by employing and harboring illegal workers. The ability of employees to bring such suits as class actions represents a critical area of potential employer liability.



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Firm News: Three Elarbee Thompson Attorneys Named "Georgia Rising Stars"

Amy Snell Auffant, Rich Escoffery and Oren Griffin were named "Georgia Rising Stars" by Law & Politics, which surveyed Georgia Super Lawyers to ask for nominations of the best up-and-coming attorneys they have personally observed in action. An attorney-led research team evaluated prospective candidates, taking into consideration, among other factors, peer recognition indicators and professional achievement. Only attorneys age 40 and under, or who have been practicing ten years or less, were eligible to be named Rising Stars. The list of Georgia Rising Stars was published in the October 2005 issue of Atlanta Magazine. For more information about these attorneys, please visit our website: www.elarbeethompson.com.


 
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