DOL Finds That A Complaint Filed Against An Employer By An Individual H-1B Worker Does Not Authorize An Expanded Investigation Into The Wages Of All H-1B Workers Employed By That Same Organization

A recent decision issued by a U.S. Department of Labor Administrative Law Judge – Matter of Volt Management Corp., 2012-LCA-00044, held that a single complaint filed by an individual H-1B…

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Supreme Court Punts on Decision, but in Doing So, Maintains Decades-Old Inclusion of Service Advisors under the FLSA’s “Salesman, Partsman, or Mechanic” Exemption

On Monday, June 20, 2016, the Supreme Court issued a decision regarding whether Service Advisors can be treated as exempt employees under the “salesman, partsman, or mechanic” exemption set forth…

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Home Care Providers Beware: OMIG May Be Knocking on Your Door

The New York State Office of the Medicaid Inspector General (“OMIG”) lists home health services as one of the areas in its work plan for 2016-2017 and is making good…

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Pyrrhic Victory For Plaintiffs In Libor Price-Fixing Suit?

On May 23, 2016, the United States Court of Appeals for the Second Circuit reversed a lower court decision dismissing complaints against 16 major banks for price-fixing of benchmark borrowing…

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EEOC Issues Final Rules on Employer Wellness Programs

The U.S. Equal Employment Opportunity Commission (EEOC) has issued final rules allowing employers to apply financial incentives or penalties for participation in employee wellness programs.  The new rules clarify the…

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Patient Alerts Now Available to Participating Providers through Regional Health Information Organizations in New York State

The Regional Health Information Networks (“Qualified Entities” or “QEs”), such as HEALTHeLINK in Western New York, will now offer subscription based “Alerts” to providers participating in a QE’s health information…

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Court Holds Defining A Medical Professional As An Independent Contractor Is Not Enough To Bar A Finding Of Employee Status

Health care providers beware:  Simply defining a medical professional as an “independent contractor” is not enough to prevent a finding of employee status if the organization controls the work performed….

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Pennsylvania Court Decision Offers New Hope For Hospital Mergers

On May 9, 2016, a federal district court in Pennsylvania issued a decision which has the potential to dramatically alter the legal landscape for hospital mergers, especially those undertaken to…

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Washington State Court Nixes Recovery Of Out-Of-State PURPA Costs

PacifiCorp is an investor-owned utility that operates in six western states, including Washington, Oregon and California. A portion of its power supply needs in those states is met by purchases…

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Misclassification Of Workers As “Independent Contractors” May Violate The National Labor Relations Act

On April 18, 2016, the Regional Director for the National Labor Relations Board in Los Angeles issued a complaint against trucking company Intermodal Bridge Transport (“Intermodal”), alleging that the company’s…

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