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6 May 2019, 5:44 pm by Cynthia Marcotte Stamer
Under a new OCR Resolution Agreement and Corrective Action Plan announced May 6, 2019, Touchstone Medical Imaging (“Touchstone”) must pay $3,000,000 to OCR and adopt a corrective action plan to settle OCR charges it violated HIPAA arising from an OCR investigation of Touchstone’s handling of a 2014 breach. [read post]
6 May 2019, 7:53 am by Rebecca Tushnet
The answer is that consumers, in general, want opinions to be in some sense authentic, and they care about whether a speaker is getting paid; her influence will be less if she discloses that payment. [read post]
5 May 2019, 2:34 pm by Stuart Kaplow
Complete Lawn Care, Inc., et al, may or may not be good law, ( .. however the court’s analysis of preemption is not consistent with this same appellate court’s decision last November in Board of County Commissioners of Washington County, et al. v. [read post]
29 Apr 2019, 7:21 am by Cynthia Marcotte Stamer
In Metalcraft of Mayville, Inc., a Board Majority made up of Board Chairman John Ring and Board member William Emmanuel ruled found that the Wisconsin based employer Metalcraft of Mayville, Inc. [read post]
17 Apr 2019, 6:09 am by MBettman
Best Buy Co., Inc., 2003-Ohio-2573 (“Where a danger is open and obvious, a landowner owes no duty of care to individuals lawfully on the premises. [read post]
8 Apr 2019, 8:10 am by Rebecca Tushnet
That affects knowledge standard for secondary liability.Aws Shemmeri ImageRights International, Inc.: LiveJournal decision is a step in the right direction—scrutinize relationships ISPs have w/user communities. [read post]
1 Apr 2019, 12:07 pm by Cynthia Marcotte Stamer
U.S. businesses should move quickly to express strong support for the Joint Employer Status under the Fair Labor Standards Act Rule proposed by the Department of Labor today to help reduce their exposure to liability to pay overtime or other liabilities of subcontractors or other businesses under the Fair Labor Standards Act (FLSA). [read post]
28 Mar 2019, 2:54 pm by Cynthia Marcotte Stamer
Employers frustrated with the current Fair Labor Standards Act (“FLSA”) rules defining what forms of payment employers must count as part of an employee’s “regular rate” when calculating overtime should evaluate and consider expressing support for the Department of Labor’s proposal announced today (March 28, 2019) to update its more than 50-year old regulations implementing the regular rate requirements under section 7(e) of FLSA  in 29… [read post]
20 Mar 2019, 7:24 am by Cynthia Marcotte Stamer
Proper calculation of applicable mileage related tax deduction depends upon taxpayers properly taking into account the suspension of the deductions for unreimbursed employee travel and relocation expenses for the 2018 through 2026 tax years and using the correct standard mileage rate. [read post]
19 Mar 2019, 4:28 pm by Cynthia Marcotte Stamer
Foster Poultry Farms, Inc., 743 F.3d 1236, 1244 (9th Cir. 2014) that an employee may use non-FMLA leave for an FMLA-qualifying reason and decline to use FMLA leave in order to preserve FMLA leave for future use. [read post]