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KWW Labor LawKWW Labor LawKWW Labor Law

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3480 West Market Street
Suite 300
Akron, Ohio 44333
330/867-9998
fax: 330/867-3786
kww@kwwlaborlaw.com

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Welcome

Kastner Westman & Wilkins is committed to helping organizations build the solid foundations they need for effectively managing human resources. KWW’s practice is limited to representing management exclusively in the full range of workplace issues – labor and employment law, workers’ compensation, employee benefits, and human resources consulting.

Our goal is to help clients manage and solve problems when they arise, but also to provide strategic, proactive counsel designed to prevent problems from developing in the first place.

For more information or to contact one of our professionals, please see our Contact page or e-mail us at kww@kwwlaborlaw.com.

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What's New

The Additional Medicare Tax

As part of Obamacare, the “Additional Medicare Tax” of 0.9 percent applies to individuals’ wages, other compensation, and self-employment income over certain thresholds ($250,000 for joint and $125,000 married filing separately, and $200,000 for single taxpayers).  Initially, I believed that this Additional Medicare Tax would be paid on the individual’s personal Form 1040, without employer involvement.  However, I am once again proven wrong by our esteemed IRS colleagues.  Attached is the IRS’ Q&A stating that employers are responsible for withholding the tax on wages and other compensation in certain circumstances. The IRS has prepared these questions and answers to assist employers and payroll service providers in adapting systems and processes that may be impacted.

posted on Jul 24, 2012

The HIPAA Privacy Police are Coming!

Can you hear the sirens? 

As you may have heard, the U.S. Department of Health and Human Services (HHS) has begun its compliance audits for HIPAA Privacy and Security through its Office for Civil Rights.   After wrapping up the first 20 compliance audits, HHS is reporting that covered entities (CEs) are failing to complete basic tasks, such as conducting a risk analysis and distributing privacy notices.  One pharmacy has failed the compliance audit. 

 

posted on Jul 9, 2012

OFCCP Proposes Sweeping Overhaul of Government Contractors’ Affirmative Action Obligations for Individuals with Disabilities

By James P. Wilkins, Esq.

On December 9, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Proposed Rule that would radically change the affirmative action obligations of federal contractors and subcontractors with respect to recruitment, hiring and retention of individuals with disabilities.

Who’s Covered? Section 503 of the federal Rehabilitation Act prohibits employment discrimination on the basis of disability by all federal contractors and subcontractors who have contracts or subcontracts in excess of $10,000 for the purchase, sale, or use of personal property or nonpersonal services.  It also requires covered federal contractors and subcontractors who have a contract or subcontract of $50,000 or more and 50 or more employees to prepare and maintain an affirmative action program designed to assure the hiring and advancement of qualified individuals with disabilities.

If you are a covered federal contractor or subcontractor, please read on to learn more about these proposed changes.

posted on Dec 16, 2011

KWW Adds Julie A. Trout as Associate

Please join us in welcoming Julie A. Trout as Kastner Westman & Wilkins' latest associate.

Julie grew up in Greater Akron and is a recent summa cum laude graduate of the University of Akron School of Law. While at Akron, she was a member of the Akron Law Review and a Beatrice and C. Blake McDowell Scholar. She also earned the Ernest Karam Award for Academic Excellence and the National Association of Women Lawyers Award.

posted on Nov 28, 2011

UNITED STATES SUPREME COURT AGAIN FAVORS ARBITRATION OVER LITIGATION

 By Keith Pryatel

 

          On April 27, 2011, the United States Supreme Court, by a narrow 5-4 majority, once again decided that the Federal Arbitration Act is the Congressionally-dictated, favorable way of resolving plaintiff/defendant disputes (AT&T Mobility v. Concepcion). Although issued in the consumer, cellular telephone setting, there is little doubt that the Court’s decision will have equal application in employment-related disputes.

posted on May 10, 2011

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