What's Dinkin Thinkin?Elliot's bio

Can the Use of Prior Salary Alone Support Differences Under the Equal Pay Act?

I have written several pieces about Pay Equity issues – focusing mainly on the steps needed for an employer to assist in demonstrating that their pay practices are appropriate and reasonable, and therefore not discriminatory (see for example: EEO-1 Revisions Are Coming). One of the factors often cited as a possible defense is the use

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Technology Improvements Create Challenges to Remain HIPAA Compliant

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) required the U.S. Department of Health and Human Services (HHS) to develop regulations protecting the privacy and security of certain health information. Did the architects of these rules envision a world with ever changing technology, including the widespread usage of mobile devices and other systems

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April 4th Marks Equal Pay Day – What Does This Mean for Employers?

Pay equity day marks the number of days into 2017 that the average woman will have earned the same amount that the average man earned, who worked all of 2016. There is no doubt that pay equity has become a high priority for employers, as administrative agencies and multiple states have moved to address pay

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Will High-Risk Insurance Pools Be Part of the Solution In a Post-ACA World?

I am not sure of the direction that repeal and replace the Affordable Care Act (ACA) will go, but one component that will need to change is the individual health insurance market.  Like most issues, identifying the problems is easy (e.g. pool of enrollees is high risk, insurance company participation and competition are not working,

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Would Roger Federer be Successful at Your Company?

I continue to play a lot of tennis and enjoy the exercise and experience.  After watching Federer play Nadal in the Australian Open final, a wonderful match, I was curious whether or not they would be successful in our business?   Consider the following: For me, successful individuals are ones that when faced with a problem,

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Thoughts on Compensation Pay Trends for 2017

Compensation trends tend to move quickly and it is often hard to wait for survey results to adjust the needle.  Here are a few items for 2017 worth considering: Use of Cash Bonuses Will Increase – The use of cash bonuses, referral bonuses, sign on bonuses, and other similar arrangements will increase as well as

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Post-Election Healthcare Issues Facing Employers

I wish I had a $1 for every time I have been asked – since Late Tuesday evening, November 8, 2016 – What will happen with Obamacare? – not just for the public market place but for employers? Even before the elections there were issues: Public market place problems – A government report from the

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FLSA Lawsuits: Two Different Approaches Attempt to Strike Down the Law

Two lawsuits were filed this week to block the U.S. Department of Labor’s (DOL) new Fair Labor Standards Act (FLSA) overtime rule, seeking to limit the rule’s consequences before it goes into effect in December.   What is interesting is that the two lawsuits take different approaches to striking down the rule: The state governments’ lawsuit

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Talking to Your Doctor Via Computer – What Role Will “Telehealth” Play in the Future?

While watching the televised coverage of the Summer Olympics, I took notice of an ad for a local health network.  It showed a Doctor sitting in front of a computer screen interacting with a patient, also “examining” this patient, by suggesting movement and asking a variety of questions.  It seemed like it was working well

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Massachusetts Enacts Strict Pay Equity Requirements

On August 1, 2016, Massachusetts enacted major changes to the Massachusetts Equal Pay Act.  The new law will take effect in 2018 and will be enforced by the Massachusetts Attorney General’s Office. The existing Massachusetts pay equity statute requires equal pay for equal work.  The new law prohibits differences in pay for comparable work, defined

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