Showing posts with label federal laws. Show all posts
Showing posts with label federal laws. Show all posts

Friday, 14 August 2015

Orphan Drug Act

Rare diseases (RDs) are significant public-health issue and they pose a challenge to the medical community. These rare diseases are called ‘health orphans’, because research and developments have neglected them for years due to many RED challenges. Amendments were made to the existing law in the 1960s, mandating that every drug must be proven to be safe and effective through ‘adequate and well-controlled studies’ before getting market approval. Then raising drug development cost ended in drugs for small disease populations being ‘orphaned’ by many top drug companies.

Congressional Findings for the Orphan Drug Act
(1) There are many diseases and conditions, such as Myoclonus, Huntington's disease, ALS (Lou Gehrig's disease), muscular dystrophy and Tourette syndrome, which affect a few individuals residing in the United States that the diseases and conditions are regarded as rare in the United States
(2) Satisfactory number of drugs for treatment of many of such diseases and conditions has not been developed
(3) Drugs for such diseases and conditions are generally referred to as "orphan drugs"
(4) Because very few individuals are affected by such rare diseases or conditions, a pharmaceutical company which develops an orphan drug may expect the drug to generate moderately small sales when compared with the cost of developing the drug and consequently to incur a financial loss
(5) There is reason to believe that some promising orphan drugs will not be developed unless changes are made in the applicable Federal laws to reduce the costs of developing such drugs and to provide financial incentives to develop such drugs; and it is in the public interest to provide such changes and incentives for the development of orphan drugs.


The Orphan Drug Act began many years ago and now, many believe that this is not the best use of resources. Attend the webinar “Orphan Drugs: The Conundrum” by Marybeth Regan, to learn more about the topic.

Monday, 15 June 2015

How is the California Wage and Hour Law Different from Other States?


A majority of multi state employers often find themselves doing business in one way in forty-nine other states of the USA and entirely different way in California as the compliance obligations enforced by the wage and hour law in California is unique and varies from other states. So a California employer requires to identify and bond with an expert HR professional in order to avoid the many traps posed by state and federal wage and hour law compliance obligations.
As per the California law, an employer can offer "comp" time in lieu of overtime; but Federal law does not. Federal wage and hour law does not "preempt" state law on the same subject; the employers in California are required to follow the applicable legal provision favorable to employees in any situation.
The Federal law and California law, both create a lot of specific "exemptions," but the requirements of Federal and California law often differ from one another in describing the requirements needed for an employee to qualify for a particular exemption. As per California's laws an exempt employee must exercise discretion and independency in judgment in "matters of consequence" of "real and substantial significance to policies or general business operations."
California law provides all employees who are state licensed or certified and primarily engaged in the practice of law, accounting, medicine, teaching, architecture, optometry, dentistry and engineering can be considered exempt professionals. Taking into consideration the modern day Computer Professional exemption, a California employee may be exempt in case he/she is involved in executing duties including application of systems analysis techniques and measures to determine hardware, software, or functional specifications. An exempt computer professional may also be involved in the development, design, documentation, creation, analysis, testing, or modification of computer systems or programs based on user specifications or design specifications. Another aspect of California wage and hour law which differs from Federal law is the requirement that all non-exempt employees and employees classified under limited exemptions such as inside sales, receive daily meal and rest break periods.