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18 Sep 2013, 12:34 pm
Because states all have their own wage and hour laws, employers may face liability under either or both laws. [read post]
28 Mar 2011, 12:00 am
Every legal system balances the interests of plaintiffs and defendants, of society and the individual, of justice and economics. [read post]
22 Sep 2020, 4:11 pm
Of course, the Labor Department’s proposed rule has no application to the independent contractor status of workers under other federal laws, such as ERISA and the National Labor Relations Act, which have different classification tests. [read post]
6 Jan 2021, 8:48 am
The first part of the final regulation would rescind all inconsistent or conflicting administrative rulings, interpretations, practices, and enforcement policies of the Labor Department relating to the classification of independent contractors and employees. [read post]
19 Mar 2019, 4:28 pm
Wis. 2009) (citing cases for the principle that “a plaintiff cannot maintain a cause of action under the FMLA for an employer’s violation of its more-generous leave policy”). [read post]
21 Feb 2010, 8:31 am
EMG Advisors,[19] the court, highlighting that the ERISA fiduciary duties were the highest known to the law, held that an investment manager had breached his fiduciary duties for failing to conduct a thorough investigation before investing certain assets belonging to a retirement fund in a complex derivatives scheme.[20] Similarly, in Evanston Bank v. [read post]
18 Jun 2009, 5:19 pm
; Can a plaintiff seek injunctive relief under 42 U.S.C. [read post]
1 Mar 2013, 10:04 pm
The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. [read post]
28 Jul 2020, 7:33 am
All the new Medicare benefits? [read post]
29 Mar 2012, 8:43 am
TOM GOLDSTEIN: Well, that's true, and in particular, this is the kind of case that is harder for the government to argue than the plaintiffs to argue, because the plaintiffs basically say, "If you're right, the government can do whatever it wants," which is the illustration that Stuart gave from the chief justice saying, you know, "All bets are off. [read post]
19 Nov 2014, 12:58 pm
But most of all, we are thankful for (both) our readers. [read post]
24 May 2019, 10:46 pm
Her work includes both regulatory and public policy advocacy and thought leadership, as well as advising and representing a broad range of health industry and other clients about policy design, drafting, administration, business associate and other contracting, risk assessments, audits and other risk prevention and mitigation, investigation, reporting, mitigation and resolution of known or suspected violations or other incidents and responding to and defending investigations or other actions by… [read post]
30 Jun 2015, 2:43 pm
Increasingly, the reach of these exposures has expanded further as plaintiffs and the WHD have challenges effectively many employers’ classification of workers as independent contractors. [read post]
29 Dec 2010, 12:15 pm
However these risks continue and require management all year. [read post]
29 Aug 2009, 3:31 am
State LawAlthough the term "preemption" is typically thought of in terms of an ERISA analysis, many HIPAA issues require a preemption analysis. [read post]
30 Nov 2012, 1:27 pm
This lawsuit demonstrates that the department will use all enforcement tools available, including litigation, to recover workers’ wages and ensure a level playing field for law-abiding employers. [read post]
15 Dec 2018, 7:41 am
Judge O’Connor agreed with the plaintiff’s in his ruling on Friday. [read post]
17 Sep 2024, 2:22 pm
The FTC Report also shares the FTC’s concern that the six largest PBMs improperly use their integration and market control over 95 percent of all prescriptions filled in the United States: To profit at the expense of patients and independent pharmacists; To hike the cost of and overcharge for drugs To squeeze independent pharmacies that many Americans—especially those in rural communities—depend on for essential care; To wield enormous power over… [read post]
28 Jul 2016, 2:30 pm
In keeping with its announced policy of investigating all breach reports impacting 500 or more individuals, OCR opened an investigation into UMMC’s breach report. [read post]
18 Nov 2018, 8:30 pm
The challenged provisions include a series of promises historically included in many provider agreements such as provisions requiring that the private payer: To steer plan members to participating providers; Not to steer plan members away from participating providers; To include Atrium providers in any new networks or preferential treatment afforded to any other contracting provider in new or all plans, products, networks and preferred provider classifications; and Not to exclude from… [read post]
