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HEALTH REFORM: Alternative Provider Reimbursement Models – How Are They Treated Under MLR Rules?

Wed, 16 May 2012 00:00:00 GMT

Introduction

In a recent health reform alert, "New Rules Issued on Medical Loss Ratio Requirements,"[1] we described the rules issued by the Centers for Medicare & Medicaid Services ("CMS") and the U.S. Department of Health and Human...

Special Immigration Alert: H-1B Filings Update

Fri, 11 May 2012 00:00:00 GMT

As of May 5, 2012, U.S. Citizenship and Immigration Services (USCIS) has received 32,200 petitions that count against the 65,000 H-1B Regular Cap, and 13,700 petitions that count against the 20,000 H-1B Master's Cap. USCIS will continue to accept new petitions until it has filled the H-1B Regular...

HEALTH REFORM: New York Health Benefit Exchange Established by Executive Order

Tue, 01 May 2012 00:00:00 GMT

On April 12, 2012, Governor Andrew Cuomo issued Executive Order No. 42, titled "Establishing the New York Health Benefit Exchange" ("Order"). The purpose of the Order is to require the State of New York and its administrative agencies to take the steps necessary to establish an American Health Be...

Immigration Alert: April 2012

Wed, 11 Apr 2012 00:00:00 GMT

April 2012 Immigration Alert

H-1B Nonimmigrant Application Season Opens for Fiscal Year 2013

DOS Confirms China/India EB-2 Regression

Col...

HEALTH REFORM: The Supreme Court Mulls Obamacare; the Health Care Industry Mulls the Supreme Court

Mon, 02 Apr 2012 00:00:00 GMT

With a marathon three days of arguments about the constitutionality of the Patient Protection and Affordable Care Act (the "ACA") now completed, the Justices of the Supreme Court of the United States, having conducted their post-argument conference, are turning their attention to drafting and the...

HEALTH REFORM: CMS Issues Final Rule Modifying Restrictions on "Direct Solicitation" of Beneficiaries by DMEPOS Suppliers; Changes to Other DMEPOS Supplier Safeguards

Mon, 26 Mar 2012 00:00:00 GMT

On March 9, 2012, the Centers for Medicare & Medicaid Services ("CMS") released a final rule ("Final Rule") that makes various modifications to the durable medical equipment, prosthetics, orthotics, and supplies ("DMEPOS") supplier standards (codified at 42 C.F.R. § ...

HEALTH REFORM: Status Report on the Federal Health Insurance Rate Review Program

Tue, 20 Mar 2012 00:00:00 GMT

The Patient Protection and Affordable Care Act ("Affordable Care Act") required the U.S. Department of Health and Human Services ("HHS") to establish a process for the review of "unreasonable" health insurance premium rate increases in the individual and small group markets. As a re...

Special Immigration Alert: New H-1B Nonimmigrant Visa Season Starts April 2, 2012

Fri, 16 Mar 2012 00:00:00 GMT

Remember that all new H-1B petitions must be filed on March 30, 2012, to ensure that they are counted toward the 2013 H-1B cap.

The annual H-1B season has arrived! The federal government is authorized by statute to approve only 65,000 new H-1B visas each fiscal year, plus an...

HEALTH REFORM: RAC Roundup: What's on the Horizon for Medicare Part C and D RACs? Medicaid RAC Implementation Is Underway

Thu, 15 Mar 2012 00:00:00 GMT

From its inception as a three-state pilot, the Recovery Audit Contractor ("RAC") program has grown to a permanent national program accounting for the collection of $398 million in Medicare overpayments in the first quarter of fiscal year ("FY") 2012 alone.<...

HEALTH REFORM: The Clock Is Ticking: CMS Issues a Proposed Rule on Reporting and Returning Overpayments

Wed, 22 Feb 2012 00:00:00 GMT

On February 16, 2012,[1] almost two years after the passage of the Patient Protection and Affordable Care Act[2] (the "ACA"), the Centers for Medicare & Me...

HEALTH REFORM: CMS Issues Proposed Rule Relating to Manufacturer Rebates and Reimbursement Amounts for Outpatient Prescription Drugs Dispensed to Medicaid Beneficiaries

Fri, 17 Feb 2012 00:00:00 GMT

This issue of Implementing Health & Insurance Reform summarizes and discusses some issues raised by the proposed rule ("Proposed Rule") that the Centers for Medicare & Medicaid Services ("CMS") published on February 2, 2012, to implement changes to the Medicaid Drug Rebate Progra...

HEALTH REFORM: FDA Releases Draft Guidance for Industry on Responding to Unsolicited Requests for Off-Label Information About Prescription Drugs and Medical Devices

Wed, 08 Feb 2012 00:00:00 GMT

On December 27, 2011, the U.S. Food & Drug Administration ("FDA"), Office of Prescription Drug Promotion ("OPDP") (formerly the Division of Drug Marketing, Advertising, and Communications) released a new draft guidance document titled "Guidance for Industry on Responding to Unsolicited Reques...

Immigration Alert: February 2012

Fri, 03 Feb 2012 00:00:00 GMT

OSC Targets Health Care, Hospitality, Retail, and Other Industries

OSC Settles with California Medical Center Regarding Claims of Discrimination Against Foreign Nationals

Massachusetts S...

New York Caps State Funding for Executive Compensation & Administrative Expenses of Service Providers

Mon, 30 Jan 2012 00:00:00 GMT

In order to "prevent public funds from being diverted to excessive compensation and unnecessary administrative costs," New York Governor Andrew M. Cuomo executed an executive order on January 18, 2012 ("Executive Order"), capping both e...

OIG Publishes Solicitation for Comments on New and Modified Safe Harbors Under the Federal Anti-Kickback Statute and New OIG Special Fraud Alerts; Proposals Due by 2/27/12

Thu, 19 Jan 2012 00:00:00 GMT

On December 29, 2011, the Office of Inspector General of the Department of Health and Human Services ("OIG") published its annual notice ("Solicitation") soliciting recommendations and proposals for developing new and modifying existing safe harbors under the Federal Anti-Kickback Statute

HEALTH REFORM: New Rules Issued on Medical Loss Ratio Requirements

Wed, 18 Jan 2012 00:00:00 GMT

On December 7, 2011, the U.S. Department of Health and Human Services ("HHS") and the Centers for Medicare & Medicaid Services ("CMS") issued a DME") suppliers planning to enroll in the Medicare program—the government is watching you! According to a new report released in December 2011 by the Office of Inspector General ("OIG"), more than 25 percent of all DME suppliers faced...

HEALTH REFORM: CCIIO Issues Bulletin on Plans to Define the Essential Health Benefits Package: Providing States with a Significant Role While Still Leaving Room for Public Input

Thu, 05 Jan 2012 00:00:00 GMT

On December 16, 2011 the Center for Consumer Information and Insurance Oversight ("CCIIO") within the Centers for Medicare & Medicaid Services ("CMS") released a "bulletin" to "provide information and solicit comments on the regulatory approach that t...

HEALTH REFORM: CMS Issues Proposed Rules on Federal "Sunshine" Law for Manufacturers and GPOs

Fri, 16 Dec 2011 00:00:00 GMT

On December 14, 2011, the Centers for Medicare & Medicaid Services ("CMS") issued long-awaited proposed rules with a lengthy preamble (collectively referred to herein as "Proposed Rules") relevant to Section 6002 of the Patient Protection and Affordable Care Act, also known as the Physician P...

New Jersey Appellate Division Upholds Immunity for Health Care Entity That Provided Negative Information About Former Employee in Response to Request for a Reference

Thu, 15 Dec 2011 00:00:00 GMT

On December 1, 2011, the Superior Court of New Jersey, Appellate Division, upheld immunity from civil liability for certain health care entities that provide information in good faith about a current or former employee's job performance to another health care entity. Senisch v. Carlino, A-...

December 2011 Update: Recent Georgia Appellate Court Decisions Hold Important Lessons for Lenders

Fri, 09 Dec 2011 00:00:00 GMT

Georgia appellate courts recently issued several opinions pertinent to the day-to-day operations of Georgia lenders. The following summaries of the opinions warrant review and consideration in order to avoid a number of potential pitfalls.

An appraiser's inclus...

HEALTH REFORM: HHS Announces First Insurance Premium Rate Review Determinations: Implications for Insurance Carriers and Future Rate Reviews

Fri, 02 Dec 2011 00:00:00 GMT

On November 21, 2011, the Center for Consumer Information & Insurance Oversight ("CCIIO"), in the Centers for Medicare & Medicaid Services ("CMS"),[1] announced its determination that a health insurance premium rate increase of 11.58 perc...

HEALTH REFORM: Medicare Providers and Suppliers Continue in the Spotlight

Fri, 02 Dec 2011 00:00:00 GMT

Expansion of the DMEPOS Competitive Bidding Program;
Legislative Inquiry Related to Fraud and Abuse Enforcement Actions; and
Automated Pre-Enrollment Provider Screening

In order to be prepared for upcoming changes and to respond to ne...

Special Immigration Alert: H-1B Cap Reached for Fiscal Year 2012

Tue, 29 Nov 2011 00:00:00 GMT

On November 23, 2011, U.S. Citizenship and Immigration Services ("USCIS") announced that it had received a sufficient number of new H-1B petitions on November 22, 2011, to reach the statutory cap for fiscal year 2012 (October 1, 2011, through September 30, 2012). Under these circumstances, the US...

Immigration Alert: November 2011

Wed, 23 Nov 2011 00:00:00 GMT

H-1B Cap Will Be Reached Soon

Holiday Alert for Foreign Travel

BALCA Rejects DOL's Restrictive "Affiliation" Requirement and Expands Eligibility to ACWIA Wages for Hospitals and Other Health Care Facilitie...

Special Immigration Alert: H-1B Filings Near Quota

Fri, 18 Nov 2011 00:00:00 GMT

As of November 14, 2011, U.S. Citizenship and Immigration Services (USCIS) has received 56,300 petitions that count against the 65,000 H-1B Regular Cap, and 20,000 petitions that count against the 20,000 H-1B Master's Cap. This means that, as of October 21, 2011, all new petitions qualifying for ...

Overhauling the Medicare Coverage with Evidence Development Guidance Policy? Comments Requested by CMS

Tue, 15 Nov 2011 00:00:00 GMT

On November 7, 2011, the Centers for Medicare & Medicaid Services ("CMS") issued a public solicitation for comments on the Medicare program's coverage with evidence development ("CED") guidance policy. Comments are due by January 6, 2012. In CMS's most recent solicitation...

Home Health Providers Face Additional Cuts and Scrutiny for Therapy Services, but Gain Some Flexibility in Face-to-Face Encounter Requirements

Fri, 04 Nov 2011 00:00:00 GMT

In a final rule published in the Federal Register on November 4, 2011,[1] the Centers for Medicare & Medicaid Services ("CMS") announced it will decrease payments to home health agencies ("HHAs") by $430 million in 2012. The home healt...

HEALTH REFORM: Health Care Innovation in the Medicare Program: Value-Based Initiatives Beyond Accountable Care Organizations

Thu, 03 Nov 2011 00:00:00 GMT

As the health care industry analyzes the recently released final rule and related guidance regarding the Medicare Shared Savings Program ("MSSP") for accountable care organizations ("ACOs") (see Epstein Becker Green's Implementing Health and Insurance Reform alert of October 27, 2011,

HEALTH REFORM: Revisiting the Medicare Shared Savings Program: An Interagency Effort to Promote Accountable Care

Thu, 27 Oct 2011 00:00:00 GMT

On October 20, 2011, the Centers for Medicare & Medicaid Services ("CMS") released its final rule ("Final Rule") implementing the voluntary Medicare Shared Savings Program ("Program") for accountable care organizations ("ACOs"). The Program was established by Section 3022 of the Patient Prote...

Special Immigration Alert: H-1B Filings Approach Quota

Thu, 27 Oct 2011 00:00:00 GMT

As of October 21, 2011, U.S. Citizenship and Immigration Services (USCIS) has received 46,200 petitions that count against the 65,000 H-1B Regular Cap, and 20,000 petitions that count against the 20,000 H-1B Master's Cap. This means that, as of October 21, 2011, all new petitions qualifying...

Special Immigration Alert: 2013 Diversity Lottery/H-1B Quota

Fri, 14 Oct 2011 00:00:00 GMT

DV 2013:

On October 6, 2011, the Federal Register published the instructions for the Diversity Immigrant (DV-2013) Visa Program. These instructions guide applicants how to apply for the DV-2013 Program. Both the instructions and the Electronic Diversity Visa Entry Form fo...

Special Immigration Alert: USCIS Changes I-797 Notice Procedures

Thu, 13 Oct 2011 00:00:00 GMT

On September 12, 2011, the U.S. Citizenship and Immigration Services ("USCIS") suddenly announced that it would start sending the original I-797 receipt and approval notices for all immigrant and nonimmigrant petitions and applications directly ...

The Department of Health and Human Services Requests Comments on Proposed Changes to the "Common Rule"

Thu, 13 Oct 2011 00:00:00 GMT

On July 26, 2011, the U.S. Department of Health and Human Services ("DHHS" or the "Department") published an advance notice of proposed rulemaking ("ANPRM") soliciting comments on proposed changes to the "Common Rule."[1] The Common Rule, more fo...

New York State Initiates Efforts to Regulate Executive Compensation by Not-for-Profits

Tue, 20 Sep 2011 00:00:00 GMT

New York State Governor Andrew Cuomo has formed the Task Force on Not-for-Profit Entities (the "Task Force") to investigate executive compensation by not-for-profit organizations that receive state funding.[1] Governor Cuomo announced the Task Fo...

Special Immigration Alert: 2013 Diversity Visa Lottery Begins on October 4, 2011, and Ends on November 5, 2011!

Tue, 20 Sep 2011 00:00:00 GMT

The Department of State ("DOS") announced on September 13, 2011, the opening of the registration period for the DV-2013 Diversity Visa ("DV-2013") lottery. The online registration period for the DV-2013 lottery will begin on Tuesday, October 4, 2011, at 12:00 p.m. EDT (GMT-4), and conclude on Sat...

HEALTH REFORM: CMS Innovation Center Announces Four Models in Bundled Payments for Care Improvement Initiative

Wed, 14 Sep 2011 00:00:00 GMT

On August 23, 2011, the Centers for Medicare & Medicaid Services ("CMS") Innovation Center announced a new initiative to encourage health care providers to better coordinate patient care.[1] The Bundled Payments for Care Improvement Initiative ("Bundl...

Immigration Alert: September 2011

Tue, 13 Sep 2011 00:00:00 GMT

DOL Temporarily Suspends Work on Prevailing Wage Determinations Required for PERM Labor Certification Applications

H-1B Nonimmigrant Classification Is Still Open for Fiscal Year 2012

Important Developments...

HEALTH REFORM: Updated - HHS Publishes Health Insurance Premium Rate Review Final Rule, Amends Rule to Include Policies Sold Through Associations, and Lists States with Effective Rate Review Programs

Tue, 13 Sep 2011 00:00:00 GMT

EBG Introduces Interactive National Rate Review Scorecard

This Client Alert also appeared in the September ...

Maine Repeals Pharmaceutical Disclosure Requirements Related to Marketing Costs, Drug Pricing, and Clinical Trials

Mon, 15 Aug 2011 00:00:00 GMT

On July 8, 2011, Governor Paul LePage of Maine signed into law LD 719, "An Act to Make Certain Prescription Drug Disclosure Laws Consistent with Federal Law" ("LD 719").[1] LD 719 repeals three statutes that require prescription drug manufacturer...

Recent Changes to Medicare Part A Enrollment Forms - Disclosures Required for Certain Financing Sources

Wed, 10 Aug 2011 00:00:00 GMT

Disclosing details of parties with certain mortgages, deeds of trust, or security interests in Medicare Part A providers is explicitly required in the recently revised Medicare enrollment forms, effective as of July 1, 2011. This expanded classification of "ownership interests and/or managing con...

August 2011 Update: Two Recent Georgia Banking Decisions Hold Important Lessons for Lenders

Tue, 02 Aug 2011 00:00:00 GMT

The Georgia Court of Appeals recently issued two opinions pertinent to the day-to-day operations of Georgia lenders. The following summaries of the opinions warrant review and consideration in order to avoid a number of potential pitfalls.

Immigration Alert: June 2011

Wed, 29 Jun 2011 00:00:00 GMT

U.S. Supreme Court Sustains Constitutionality of Arizona Legal Workers Act

USCIS Updates FY 2012 H-1B Cap Count

Grand Jury Investigates Misuse of B-1 Visa Classifica...

HEALTH REFORM: OPM RFI Regarding Multi-State/National Insurance Plans

Tue, 28 Jun 2011 00:00:00 GMT

On June 16, 2011, the Office of Personnel Management ("OPM") released a Request for Information ("RFI") regarding the requirements of Section 1334 of the Affordable Care Act ("ACA")[1] for OPM to contract with health insurers to offer multi-state...

HEALTH REFORM: Overview of Methodology for Determining PSA Shares for Accountable Care Organizations Participating in the Medicare Shared Savings Program

Fri, 10 Jun 2011 00:00:00 GMT

On April 19, 2011, the "Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program" ("Proposed Statement") was published in the Federal Register.[1] The ...

HEALTH REFORM: Overview of the FTC/DOJ Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program

Tue, 07 Jun 2011 00:00:00 GMT

On April 19, 2011, the "Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program" ("Proposed Statement") was published in the Federal Register.[1] As n...

HEALTH REFORM: Meeting the Requirements for Defining the "Essential Health Benefits Package": DOL Publishes Survey of Employer-Sponsored Coverage

Fri, 13 May 2011 00:00:00 GMT

On April 15, 2011, the U.S. Department of Labor ("DOL") released a survey report that is being used to satisfy a requirement in the Patient Protection and Affordable Care Act ("ACA") that the Secretary of Labor "conduct a survey of employer-sponsored coverage" as a condit...

Immigration Alert: May 2011

Tue, 10 May 2011 00:00:00 GMT

May 2011

USCIS Issues Final Rule on Employment Eligibility Verification

SSA Resumes Issuance of "No-Match" Letters

ICE Continues...

DMEPOS Updates: Proposed Rule for Direct Solicitation of Medicare Beneficiaries and Highlights from the April 2011 PAOC Meeting

Wed, 04 May 2011 00:00:00 GMT

In this Client Alert, which is part of our ongoing series on developments in the durable medical equipment, prosthetics, orthotics, and supplies ("DMEPOS") industry, we examine proposed changes to the DMEPOS supplier standards and highlight recently announced updates to the DMEPOS Competitive Bid...

Section 409A Compliance: Release of Claims Provisions Require Employer Action Now

Fri, 29 Apr 2011 00:00:00 GMT

In Notice 2010-80, the Internal Revenue Service ("IRS") expanded the methods and procedures for correcting provisions in deferred compensation plans or employment, severance, or other agreements that are in violation of Section 409A of the Internal Revenue Code of 1986, as amended ("Section 409A"...

HEALTH REFORM: CMS Announces State Demonstration Project Initiative for Dual Eligibles: Is Your State on the List?

Mon, 25 Apr 2011 00:00:00 GMT

On April 14, 2011, the U.S. Department of Health and Human Services ("HHS") announced several initiatives that will offer states more flexibility to adopt innovative new practices in order to provide better and more coordinated care for Medicare and Medicaid enrollees who are dually eligible unde...

HEALTH REFORM: Diving into the Federal Issuances Implementing the Medicare Shared Savings Program: A Summary of Topic Areas On Which Government Agencies Specifically Requested Public Comments

Tue, 19 Apr 2011 00:00:00 GMT

On March 31, 2011, the Centers for Medicare & Medicaid Services, the Department of Health and Human Services' Office of the Inspector General, the Federal Trade Commission, the Department of Justice, and the Internal Revenue Service released four separate issuances...

Special Immigration Alert: Potential Consequences of Government Shutdown

Thu, 07 Apr 2011 00:00:00 GMT

The latest continuing resolution funding federal government operations is set to expire on April 8, 2011, and the threat of a government shutdown appears more of a reality. Under these circumstances, employers need to consider the potential immigration consequences of a government shutdown on for...

HEALTH REFORM: Making Accountable Care a Reality: Multiple Federal Agencies Issue Proposed Guidance on the Medicare Shared Savings Program

Thu, 07 Apr 2011 00:00:00 GMT

On March 31, 2011, the Centers for Medicare & Medicaid Services ("CMS") released for public comment a much-anticipated Notice of Proposed Rulemaking implementing the voluntary Medicare Shared Savings Program (the "Program") for accountable care organizations (ACOs). Also on March 31, the Offi...

HEALTH REFORM: CMS Holds First Teleconference Related to Sunshine Law for Pharmaceutical, Biotechnology, and Medical Device Companies

Fri, 01 Apr 2011 00:00:00 GMT

On March 24, 2011, the Centers for Medicare & Medicaid Services ("CMS") held a teleconference,[1] titled "Transparency Reports and Reporting of Physician Ownership or Investment Interests."

HEALTH REFORM: Government Regulators Issue Proposed Regulations Interpreting the ACO Requirements

Thu, 31 Mar 2011 00:00:00 GMT

Earlier today, the Centers for Medicare & Medicaid Services released the long- awaited proposed regulations implementing the Medicare Shared Savings Program. A copy of these regulations can be found by clicking here: Effective immediately, and as an interim ...

Special Immigration Alert: New H-1B Nonimmigrant Visa Season Starts April 1, 2011

Fri, 11 Mar 2011 00:00:00 GMT

Remember that all new H-1B petitions must be filed on March 31, 2011, to ensure that they are counted toward the 2012 H-1B cap.

The annual H-1B season has arrived! The federal government is authorized by statute to approve only 65,000 new H-1B visas each fiscal year, plus an...

Immigration Alert: March 2011

Wed, 02 Mar 2011 00:00:00 GMT

March 2011

Potential Immigration Consequences of Government Shutdown

Employers Must Now Complete Revised Form I-129 and Answer Questions Relating to Export Controls and "De...

HEALTH REFORM: Awaiting the Medicare Shared Savings Program Regulations: Progress on the Road to Accountable Care?

Thu, 17 Feb 2011 00:00:00 GMT

According to the Administrator of the Centers for Medicare & Medicaid Services ("CMS"), Dr. Donald M. Berwick, the long-awaited proposed regulations implementing the Medicare Shared Savings Program [1] should be out soon. Given the incredible ...

HEALTH REFORM: New Regulations Implement Health Reform's Enforcement Tools: Providers and Suppliers in Focus

Mon, 14 Feb 2011 00:00:00 GMT

On February 2, 2011, the Centers for Medicare and Medicaid Services ("CMS") published new rules ("Final Rule")[1] authorized by the Affordable Care Act ("ACA")[2] creating a vigorous screening pr...

Special Immigration Alert: H-1B Cap Reached for Fiscal Year 2011

Mon, 31 Jan 2011 00:00:00 GMT

On January 27, 2011, U.S. Citizenship and Immigration Services ("USCIS") announced that it had received a sufficient number of new H-1B petitions to reach the statutory cap for fiscal year 2011 (October 1, 2010, through September 30, 2011), and that January 26, 2011, was the final receipt ...

Immigration Alert: January 2011

Mon, 31 Jan 2011 00:00:00 GMT

USCIS Issues Revised Form, I-129 Petition for Nonimmigrant Worker, that Includes Questions Relating to Export Controls and "Deemed Exports"

USCIS Issues New M-274 Handbook for Form I-9 Compliance

While certain employee-protective legislation wa...

A Different House for Employees and Organized Labor

Thu, 27 Jan 2011 00:00:00 GMT

"Job creation and American competitiveness" are the principles hailed by Congressman John Kline as "vital national priorities," as he contemplated the 2011 Republican majority in the House of Representatives and his Chairmanship of the re-named House Education and Workforce Committee (known in th...

Dodd-Frank Brings Diversity into Sharper Focus for Organizations Contracting with Federal Financial Agencies

Thu, 27 Jan 2011 00:00:00 GMT

Organizations contracting with federal financial agencies, and their contractors, will encounter new scrutiny of their diversity programs and accomplishments during 2011. A feature of the Dodd-Frank Wall Street Reform and Consumer Protection Act requires each agency to adopt procedures prescribin...

A Fast Lane and Some Speedbumps on the Road as Telecommuting Becomes More Mainstream

Thu, 27 Jan 2011 00:00:00 GMT

Telecommuting has gained favor over the years in certain private sector industries and geographic areas. With the Telework Enhancement Act, signed by President Obama on December 9, 2010, the federal government has entered the telecommuting arena, setting mandates and parameters for programs that ...

The National Labor Relations Board Signals Expanded Union Access to Physical Premises and Electronic Communications

Thu, 27 Jan 2011 00:00:00 GMT

In 2011, more is likely to be seen of organized labor, even as the number of employees belonging to unions in the private sector workforce hovers at approximately 7.1 million, or 6.9 percent. The impact of organized labor in the economy, the media, and political discussion may not ful...

CMS Publishes Solicitation for Industry Comment on RAC Program Expansion to Medicare Part C and Part D: Plans and Their Contracted Providers Should Consider Submitting Comments by 2/25/11 Deadline

Thu, 20 Jan 2011 00:00:00 GMT

On Monday, December 27, 2010, the Centers for Medicare & Medicaid Services ("CMS") published a solicitation for public comments ("Solicitation for Comments") regarding the expected implementation of the Recovery Audit Contractor ("RAC") program to the Medicare Part C and Part D programs. 75 F...

Special Immigration Alert: December 31, 2010, H-1B Cap Count

Wed, 05 Jan 2011 00:00:00 GMT

As of December 31, 2010, the U.S. Citizenship and Immigration Service ("USCIS") has confirmed the filing of approximately 57,300 H-1B cap-subject petitions for fiscal year 2011. USCIS also reported the filing of approximately 20,000 of the additional 20,000 H-1B cases reserved for holders of adva...

HHS Publishes Health Insurance Premium Rate Review Proposed Regulations – Implications for Health Insurance Issuers, Providers, and the Health Care Marketplace

Thu, 30 Dec 2010 00:00:00 GMT

On December 21, 2010, the United States Department of Health and Human Services (HHS) released for public comment much anticipated proposed regulations implementing Section 2794 of the Public Health Service Act (PHSA) which requires HHS to establish a process for the review of "unreasonable" heal...

Special Immigration Alert: December 3, 2010, H-1B Cap Count

Tue, 07 Dec 2010 00:00:00 GMT

As of December 3, 2010, the U.S. Citizenship and Immigration Service ("USCIS") has confirmed the filing of approximately 51,200 H-1B cap-subject petitions for fiscal year 2011. USCIS also reported the filing of approximately 18,700 of the additional 20,000 H-1B cases reserved for holders of advan...

Immigration Alert: November 2010

Wed, 24 Nov 2010 00:00:00 GMT

November 2010
ICE Assesses $1 Million Fine Against Abercrombie & Fitch After Form I-9 Audit
DOJ Settles Allegations of Immigration-Related Employment Discrimination Against Hoover Inc.

DOJ Issues Instructions for ...

2011 Home Health Prospective Payment System Final Rule: CMS Clarifies Change of Ownership Provisions and Implements New Legislative Requirements

Tue, 23 Nov 2010 00:00:00 GMT

On November 17, 2010, the Centers for Medicare and Medicaid Services ("CMS") published the 2011 Home Health Prospective Payment System ("2011 HH PPS") final rule.[1] A number of significant issues are addressed in this rule and are effecti...

Recent Developments in the Federal Prescription Drug Pricing Programs

Wed, 27 Oct 2010 00:00:00 GMT

The U.S. Department of Health and Human Services ("HHS") recently issued several program guidances and announcements related to two federal prescription drug pricing programs: (1) the Section 340B Discount Drug Program ("340B Program"), administered by the Health Resources and Services Administra...

Immigration Alert: October 2010

Tue, 26 Oct 2010 00:00:00 GMT

October 2010
I. Large Health Care Organization Pays $257,000 in Civil Penalties to Settle Citizenship Discrimination Claims
II. U.S. Department of Labor Issues Proposed Rule on H-2B Wage Rates<...

Massachusetts Division of Insurance Rate Disapprovals Show Mixed Results; Implications for National Health Reform

Thu, 07 Oct 2010 00:00:00 GMT

As we await federal medical loss ratio ("MLR") standards and federal rulemaking by the Secretary of the US Department of Health and Human Services ("HHS") related to new federal reporting obligations by health insurance issuers of "unreasonable premium increases," it is helpful to consider recent...

Special Immigration Alert: 2012 Diversity Visa Lottery Begins on October 5, 2010, and Ends on November 3, 2010!

Fri, 01 Oct 2010 00:00:00 GMT
The Department of State (DOS) announced on September 23, 2010, the opening of the registration period for the DV-2012 Diversity Visa lottery. Entries for the DV-2012 lottery must be submitted electronically between 12:00 p.m. EDT (GMT-4) on Tuesday, October 5,...

FDA Accepting Comments on Proposed Program to Integrate FDA Premarket Approval and CMS Coverage Decision-Making Process

Wed, 29 Sep 2010 00:00:00 GMT

On September 17, 2010, the Centers for Medicare & Medicaid Services ("CMS") and the U.S. Food and Drug Administration ("FDA") issued a notice in the Federal Register requesting public comment on a proposed new program referred to as "parallel review" ("Comment Request").Chichoni Convinces Federal Court to Dismiss Florida University Professor's Immigration Claims of Forced Labor

ICE Reports Record Worksite Enforcement Activity

HEALTH REFORM: CMS Proposes to Withdraw Regulations on Average Manufacturer Price Determination, Multiple Source Drug Definition, and Medicaid Federal Upper Limits

Fri, 10 Sep 2010 00:00:00 GMT

On September 3, 2010, the Centers for Medicare & Medicaid Services ("CMS") issued a proposed rule withdrawing regulations governing the determination of "Average Manufacturer Price" ("AMP"), the definition of "Multiple Source Drug," and the application of federal upper reimbursement limits ("...

Immigration Alert: August 2010

Tue, 24 Aug 2010 00:00:00 GMT

Emergency Border Security Supplemental Appropriations Act, Which Includes Targeted Visa Fee Hikes, Becomes Law

Customs and Border Protection Announces Interim Final Rule Increasing ESTA Fee

Department of Homeland Security...

Special Immigration Alert, July 2010: Federal Judge Enjoins Key Parts of Arizona's Immigration Law

Fri, 30 Jul 2010 00:00:00 GMT

On July 28, 2010, Judge Susan R. Bolton of the U.S. District Court for the District of Arizona issued a preliminary injunction that prevents the most controversial sections of Arizona's new immigration law (SB 1070) from taking effect. While not finally deciding t...

CMS Issues Proposed Regulations Concerning Disclosure Requirements for Certain Imaging Services Under the Stark Law's In-Office Ancillary Services Exception

Wed, 07 Jul 2010 00:00:00 GMT

On June 25, 2010, the Centers for Medicare & Medicaid Services ("CMS") issued the Proposed Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2011 (the "Proposed Rule").[1] Significantly, among its revisions...

Immigration Alert: June 2010

Fri, 11 Jun 2010 00:00:00 GMT

HEALTH REFORM: PPACA Amends Rehabilitation Act to Mandate Standards for Medical Diagnostic Equipment to Accommodate Individuals with Disabilities

Wed, 09 Jun 2010 00:00:00 GMT

The Patient Protection and Affordable Care Act ("PPACA") contains a provision that will significantly affect all types of health care manufacturers and providers.[1] Section 4203 of PPACA amends Title V of the Rehabilitation Act ...

Vermont Gift Ban and Disclosure Laws Amended to Require Drug and Device Manufacturers to Report Product Samples

Mon, 07 Jun 2010 00:00:00 GMT

Recently enacted Vermont Senate Bill 88 ("S.B. 88")[1] amends Vermont's existing gift ban law, Vt. Stat. Ann. tit. 18, § 4631a ("§ 4631a"), and disclosure law, Vt. Stat. Ann. tit. 18, § 4632 ("§ 4632").

Proposed Regulations Expand the D.C. Family and Medical Leave Act to Include Employees Outside the District of Columbia

Thu, 27 May 2010 00:00:00 GMT

On May 7, 2010, the D.C. Office of Human Rights ("OHR") issued its notice of intent to amend the current regulations for the D.C. Family and Medical Leave Act ("DCFMLA"). In large part, the proposed regulations comport with the federal regulations for the FMLA. However, the proposed regulations c...

Connecticut Increases Civil and Criminal Penalties for Misclassifying Employees as Independent Contractors

Fri, 14 May 2010 00:00:00 GMT

Joining Nebraska, New Jersey, Maryland, Minnesota, and Illinois, on May 5, 2010, Connecticut Governor Jodi Rell signed into law Public Act 10-12, "An Act Implementing the Recommendations of the Joint Enforcement Commission on Employee Misclassification" ("the Employee Misclassification Act"). The...

HEALTH REFORM: CMS Issues Draft Medicare Part D Coverage Gap Discount Program Guidance: Comments Due May 14, 2010

Fri, 07 May 2010 00:00:00 GMT

On April 30, 2010, the Centers for Medicare & Medicaid Services ("CMS") issued a memorandum to all Medicare Part D Plan Sponsors outlining its draft guidance to implement the Medicare Coverage Gap Discount Program, beginning in 2011 ("Draft CGDP Guidance"). CMS will be accepting comments o...

New Medical Code Impacts Interactions with Pharmaceutical, Medical Device and Other Health Care Entities

Wed, 05 May 2010 00:00:00 GMT

On April 21, 2010, the Council of Medical Specialty Societies ("CMSS"), a not-for-profit association of 32 member Societies [i] created to "provide an independent forum for the discussion by medical specialists of issues of national interes...

Class-Action Arbitration Cannot Be Compelled Absent Evidence of Consent

Tue, 04 May 2010 00:00:00 GMT

On April 27, 2010, a divided U.S. Supreme Court (5-3, with Sotomayor, J., recused) held that the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. ("FAA"), does not permit forcing unwilling parties to participate in a class arbitration to which they have not consented. This is a cas...

Immigration Alert: April 2010

Wed, 28 Apr 2010 00:00:00 GMT

Jang Im Elected President of the Northern California Korean-American Bar Association

Arizona Law Criminalizes Undocumented Aliens

HEALTH REFORM: Health Care Reform Increases Employer Exposure to Claims, Penalties and Litigations

Mon, 26 Apr 2010 00:00:00 GMT

The Patient Protection and Affordable Care Act as amended by the Health Care and Education Reconciliation Act of 2010 (the "Act") implements significant changes to the provision of health care and health coverage applicable to all aspects of health care delivery, operation and administration. The...

Patient Protection and Affordable Care Act – Advisory Boards, Commissions, Councils and Committees

Fri, 23 Apr 2010 00:00:00 GMT

In March 2010, President Obama signed into law the Patient Protection and Affordable Care Act and related amendments ("ACA") to help achieve significant health reform in the United States. ACA authorized the creation of numerous advisory boards, commissions, councils and committees.

Each...

HEALTH REFORM: Health Care Reform Legislation Amends the Fair Labor Standards Act to Give the U.S. Department of Labor Increased Enforcement Authority Over Health Care

Thu, 22 Apr 2010 00:00:00 GMT

The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (the "Act"), significantly impacting the delivery of health care, also amends the Fair Labor Standards Act ("FLSA"). The FLSA amendments impose certain employer responsibilities ...

Medicare Providers and Suppliers Take Note: PPACA Reduces the Timely Filing Deadline for Medicare Fee-For-Service Claims to One Year

Tue, 20 Apr 2010 00:00:00 GMT

In March 2010, President Obama signed into law the Patient Protection and Affordable Care Act ("PPACA") and related legislation which provide significant changes in the delivery of health care. One provision that impacts Medicare operations immediately is Section 6404 of PPACA. Section 640...

UPDATE – COBRA Subsidy: Extension Through May 31, 2010

Tue, 20 Apr 2010 00:00:00 GMT

Background

As we reported in our Client Alert of December 24, 2009 ("UPDATE: Cobra Subsidy: What it Means for Employers Now"), President Obama signed into law the Department of Defense Appropriation...

FDA Accepting Comments On A Proposed Rule For Direct-To-Consumer ("DTC") Advertisements

Fri, 16 Apr 2010 00:00:00 GMT

On March 29, 2010, the U.S. Food and Drug Administration ("FDA") published a proposed rule titled Direct-to-Consumer Prescription Drug Advertisements; Presentation of the Major Statement in Television and Radio Advertisements in a Clear, Conspicuous, and Neutral Manner ("Proposed...

DEA Issues Interim Final Rule for Electronic Prescriptions of Schedules II, III, IV, and V Controlled Substances

Mon, 12 Apr 2010 00:00:00 GMT

On March 24, 2010, the Drug Enforcement Administration (DEA) of the U.S. Department of Justice released a new interim final rule which, for the first time, will permit the electronic prescribing of schedule II, III, IV, and V controlled substances. The interim final rule appeared in the March 31,...

HEALTH REFORM: Changes to the Federal Physician Self-Referral Law Included in the Patient Protection and Affordable Care Act

Fri, 09 Apr 2010 00:00:00 GMT

Narrowing the Ability of Physicians to Own an Interest in a Hospital

In 2003, Congress modified the federal physician self-referral law (commonly referred to as the "Stark Law") and a...

HEALTH REFORM: Health Care Reform: What Employers Need to Know

Thu, 08 Apr 2010 00:00:00 GMT

On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act ("Act"), which provides for significant changes in the delivery of health care. The Health Care and Education Reconciliation Act of 2010 ("Reconciliation Bill"), which reconciles and amends certain p...

NJ Supreme Court Restricts Employer's Ability To Review Employee's Communications With Personal Attorney on Employer's Computers

Tue, 06 Apr 2010 00:00:00 GMT

While many employers worry that some court decisions will add "insult to injury," New Jersey employers must now be aware of Stengart v. Loving Care Agency Inc., -- A.2d --, -- N.J. -- (2010), decided March 30, 2010, which presages adding "injury to injury." That is because it first injures...

U.S. Department of Labor Ramps Up Enforcement Efforts With We Can Help Campaign

Tue, 06 Apr 2010 00:00:00 GMT

On April 1, 2010, the U.S. Department of Labor (DOL) delivered on its promise to focus its agenda and resources on enforcement efforts, launching a new public awareness campaign called We Can Help.

The campaign is designed to educate workers about their rights under the federal Fa...

HEALTH REFORM: Health Care Reform: Tax Provisions Affecting Large Employers

Fri, 02 Apr 2010 00:00:00 GMT

The Patient Protection and Affordable Care Act (the "Act") was signed into law by President Obama on March 23, 2010. The Health Care and Education Reconciliation Act of 2010 (the "Reconciliation Bill"), which reconciles and amends certain provisions of the Act, was signed into law b...

HEALTH REFORM: Federal Transparency Is Now a Reality: Challenges and Opportunities for Pharma, Devices, and PBMS

Fri, 02 Apr 2010 00:00:00 GMT

On March 23, 2010, President Obama signed H.R. 3590, the Patient Protection and Affordable Care Act ("PPACA"), into law. Following the enactment of PPACA, H.R. 4872, the Health Care and Education Reconciliation Act of 2010, was enacted into law on March 30, 2010, "reconciling" and revising...

New York State Emergency Regulations Modify NY Employers' WARN Responsibilities

Fri, 02 Apr 2010 00:00:00 GMT

With very little fanfare, the New York State Department of Labor (the "Department") recently filed a Notice of Emergency Adoption and Proposed Rule Making (the "Emergency Regulations") that significantly amends the existing regulations to the New York State Worker Adjustment and Retraining Notifi...

HRSA Finally Publishes Final Contract Pharmacy Guidelines For 340B Program

Wed, 31 Mar 2010 00:00:00 GMT

On March 5, 2010, the Health Resources and Services Administration ("HRSA") published the final Contract Pharmacy Guidelines, nearly three years after the close of the comment period to its proposed guidelines.[1] The final guidelin...

HEALTH REFORM: Medicaid Drug Rebate Program 'Reform': Key Considerations and Implementation Tips for Pharmaceutical and Biotech Manufacturers

Wed, 31 Mar 2010 00:00:00 GMT

On March 23, 2010, President Obama signed H.R. 3590, the "Patient Protection and Affordable Care Act" ("PPACA"), into law. This legislation includes significant revisions to Section 1927 of the Social Security Act (42 U.S.C. § 1392r-8), which governs the Medicaid Drug Rebate Program ("MDRP")...

Supreme Court Holds That County and State Reports, Not Only Federal Ones, Trigger The Public Disclosure Bar of the Federal False Claims Act

Tue, 30 Mar 2010 00:00:00 GMT

Suits in the name of the United States under the Federal False Claims Act ("FCA") brought by private individuals known as qui tam relators are among the most common forms of whistleblower action in the federal system. The Supreme Court today rendered its ...

What Does CMS' Realignment Really Mean?

Fri, 26 Mar 2010 00:00:00 GMT

On March 24, 2010, the Secretary of the Department of Health and Human Services announced a major reorganization of the Centers for Medicare & Medicaid Services (CMS).[1] This announcement finalized a previous issuance dated February 16, 2010, from ...

The Federal HIRE Act: It Can Pay To Hire The Unemployed

Fri, 26 Mar 2010 00:00:00 GMT

On March 18, 2010, President Obama signed into law the Hiring Incentives to Restore Employment Act (the "HIRE Act") PL111-147—a possible precursor to other legislation in the pipeline to decrease unemployment.

In brief, under the HIRE Act, an employer that hires a new "qualified employee"...

HITECH Act HIGH ANXIETY: Electronic Health Records Development May Expose Entities to ARRA Employee Whistleblowing

Wed, 17 Mar 2010 00:00:00 GMT

Any person or entity receiving funds under the American Recovery and Reinvestment Act of 2009[1] ("ARRA") is also subject to its wide-reaching enforcement provisions. Given the government's recent focus on ...

FDA and NIH Announce New Funding Opportunities and Collaboration Designed to Help FDA Fast-track Innovations to the Public

Mon, 15 Mar 2010 00:00:00 GMT

On February 24, 2010, the U.S. Food and Drug Administration (FDA) and the National Institutes of Health (NIH) announced a collaborative "initiative designed to accelerate the process from scientific breakthrough to the availability of new, innovative medical therapies for patients."must file an Internal...

195.1 UPDATE: New York Issues Guidelines, Instructions and Additional Model Notices of Pay Rates and Pay Days

Tue, 09 Mar 2010 00:00:00 GMT

The New York State Department of Labor ("DOL") has recently made available important new information for employers regarding their obligations under Section 195.1 of the Labor Law including notice of pay rates, pay dates and other information.

As we previously reported (see our Client Al...

UPDATE – COBRA Subsidy: New Extension Through March 31, 2010

Mon, 08 Mar 2010 00:00:00 GMT

As we reported in our Client Alert of December 24, 2009 ("UPDATE: COBRA Subsidy: What it Means for Employers Now"), President Obama signed into law the Department of Defense Appropri...

Special Alert: ICE Expands Worksite Enforcement Activities in the Southeast

Fri, 05 Mar 2010 00:00:00 GMT

On Tuesday, March 2, 2010, the U.S. Department of Homeland Security ("DHS") announced that it was expanding its worksite enforcement strategy in the Southeastern United States. As part of this strategy, the U.S. Immigration and Customs Enforcement ("ICE"), the agency within DHS ...

Update: Massachusetts Data Privacy Rules

Mon, 01 Mar 2010 00:00:00 GMT

As we discussed in our January 22, 2010, client alert Massachusetts Data-Protection Regulations To Have National Impact (click here), the Commonwealth of Massachusetts will begin to enforce new regulations co...

Immigration Alert: February 2010

Thu, 25 Feb 2010 00:00:00 GMT

Tenth Circuit Court of Appeals finds Oklahoma E-Verify Law Unconstitutional

TPS Registration Process for Haitians

H-2B Oil Rig Workers Win Bid To Amend Overtime Action

AHRQ Announces a Request for Applications for Partnerships to Participate in ACTION II

Fri, 19 Feb 2010 00:00:00 GMT

by Lynn Shapiro Snyder, Lee H. Rosebush and Daniel G. Gottlieb

February 2010

UPDATE – COBRA Subsidy: DOL Issues Updated Model COBRA Notices and Other Guidance

Fri, 19 Feb 2010 00:00:00 GMT

As we advised you in our Client Alert that was issued on December 24, 2009 ("UPDATE: Cobra Subsidy: What it Means for Employers Now"), President Obama signed into law the Department ...

President Obama Backs Department of Labor Misclassification Fight

Tue, 09 Feb 2010 00:00:00 GMT

by Evan J. Spelfogel

February 2010

On February 1, 2010, Pr...

New York Appellate Division Revisits Post-Termination Payment Of Commissions

Thu, 04 Feb 2010 00:00:00 GMT

by Dean L. Silverberg, Jeffrey M. Landes and A...

How Can You Telemarket? The OIG Adds a New Twist to DME Suppliers' Telemarketing Prohibition

Tue, 02 Feb 2010 00:00:00 GMT

by Jana Kolarik Anderson and George B. Breen

February 2010

Clinical Research Regulatory Update: FDA Proposes Updates To Informed Consent Regulations, Issues Guidance On IRB Continuing Review

Mon, 01 Feb 2010 00:00:00 GMT

by Amy Dow, Leah Kendall and Lee Rosebush
February 2010

NY Governor Paterson Introduces Bill Related To Interactions Between ‘Pharmaceutical Companies' And Health Care Professionals

Fri, 29 Jan 2010 00:00:00 GMT

by Sarah Giesting and Wendy Goldstein

January 2010

New Jersey Enacts Legislation Providing Job Protections To Volunteer Emergency Responders

Wed, 27 Jan 2010 00:00:00 GMT

by Daniel R. Levy
January 2010
On January 14, 2010, acting Governor Steven M. Sweeney signed into law the New Jersey Emergency Responders Employment Prot...

Increased FCPA Enforcement Highlights Need For Compliance by Healthcare Companies

Fri, 22 Jan 2010 00:00:00 GMT

by Dale C. Van Demark and Joel C. Rush

January 2010

Demonstrating its intensifying enforcement of the Foreign Corrupt Practice Act ("FCPA"),

Massachusetts Data-Protection Regulations To Have National Impact

Fri, 22 Jan 2010 00:00:00 GMT

by Barry A. Guryan, Kara M. Maciel and James J. Plunkett
January 2010
As a follow-up to our Client Alert of May 2009 ("

Special Alert: USCIS Reaches H-1B Cap for FY 2010

Thu, 24 Dec 2009 00:00:00 GMT

On December 22, 2009, U.S. Citizenship and Immigration Services ("USCIS") announced that it received a sufficient number of H-1B petitions to exhaust the H-1B quota for fiscal year 2010. USCIS also announced that the "final receipt date" for H-1B petitions was December 21, 2009. Cases received af...

UPDATE: Cobra Subsidy: What it Means for Employers Now

Thu, 24 Dec 2009 00:00:00 GMT

On December 19, 2009, President Obama signed into law the Department of Defense Appropriations Act of 2010 (the "Act"), which, among other things, amends certain provisions of the American Recovery and Reinvestment Act of 2009 ("ARRA") pertaining to premium assistance for benefits under the Conso...

FDA Accepting Comments on Drug and Device Advertising Using the Internet and Social Media Tools

Wed, 23 Dec 2009 00:00:00 GMT

The Food and Drug Administration ("FDA") held a public hearing on November 12 – 13, 2009, titled Promotion of FDA-Regulated Medical Products Using the Internet and Social Media Tools ("Public Hearing").[1] In addition to the ...

New Effective Date And Special Enrollment Notices Under New York State Insurance Law 36-Month COBRA Extension

Wed, 16 Dec 2009 00:00:00 GMT

December 2009

On July 29, 2009, New York State amended its insurance law to extend continuation coverage for loss of coverage due to termination of employment or a reduction in work hours under New York group health insurance contracts from 18 months to 36 months. On Nove...

Special Alert: Special Alert: FY 2010 H-1B Quota May Be Reached Soon!

Tue, 15 Dec 2009 00:00:00 GMT

On December 10, 2009, United States Citizenship and Immigration Services ("USCIS") reported receiving approximately 62,500 H-1B cap-subject petitions against the 65,000 available under the quota. This leaves only 2,500 left under this year's quota. Taking into account the fact that some of these ...

NYSDOL Changes Its Tune On 195(1) Notice Requirement

Fri, 11 Dec 2009 00:00:00 GMT

We advised in our October 30, 2009, Client Alert that the New York State Department of Labor ("DOL") had taken the stance that in order to comply with Section 195(1) of the New York State Labor Law (i.e., to provide proper notice to employees of their wages, overtime rates (if applicable) ...

Special Alert: FY 2010 H-1B Quota May Be Reached Soon!

Thu, 03 Dec 2009 00:00:00 GMT

On December 1, 2009, United States Citizenship and Immigration Services ("USCIS") reported an "uptick" in H-1B filings over the last two weeks—-including about 2,000 new H-1B petitions filed in the days before the Thanksgiving holiday. Previously, USCIS had announced receiving approximately 58,90...

California Court of Appeal Questions Viability of Trade Secrets Exception to State's Broad Prohibition Against Noncompete Covenants

Tue, 01 Dec 2009 00:00:00 GMT

In the wake of the California Court of Appeal's recent decision in Dowell v. Biosense Webster, Inc., No. B201439, the future of the trade-secret exception to the state's broad prohibition of non-compete agreements appears increasingly uncertain.
On November 19, 2009, the court, in

New Requirements For Employers, Group Health Plans And Health Insurers Under The Genetic Information Nondiscrimination Act Of 2008

Tue, 01 Dec 2009 00:00:00 GMT

Employers should be aware of a significant statute that imposes new nondiscrimination requirements on group health plans and employers: the Genetic Information Nondiscrimination Act of 2008, Pub. Law 110-223 ("GINA"), signed into law on May 21, 2008. GINA prohibits discrimination in health covera...

Employer Posting Requirements Under New Jersey Law

Tue, 01 Dec 2009 00:00:00 GMT

With the start of 2010, New Jersey employers may find it useful to review the notification requirements relating to employees' workplace rights and responsibilities under both state and federal law. There have been important changes in the law this past year, and employers should ensure that the ...

The Proposed Approval Pathway for ‘Biosimilars' and its Potential Implications for Various Stakeholders

Mon, 30 Nov 2009 00:00:00 GMT

The principal federal health reform bills currently being considered by Congress propose to create a pathway by which the Food and Drug Administration ("FDA") would approve biologics that are "biosimilar" to previously approved biologics. Based on our comparison of these bills–H.R. 3962, the "Aff...

Immigration Alert: November 2009

Wed, 25 Nov 2009 00:00:00 GMT

November 20, 2009 H-1B Cap Count

ICE Announces 1,000 New Workplace Audits

USCIS Plans 25,000 On-site H-1B Inspections

CBP & ...

Seeking Consensus in Health Reform: Drug and Biologic Rebate and Price Reporting Provisions in the House Bill and Senate Majority Bill

Wed, 25 Nov 2009 00:00:00 GMT

On November 7, 2009, the United States House of Representatives passed the Affordable Health Care for America Act (H.R. 3962), a proposed comprehensive "health reform" statute. On November 21, 2009, the United States Senate passed a "motion to proceed to consideration of measure" effectively ensu...

Employers Must Update Workplace Posters

Mon, 23 Nov 2009 00:00:00 GMT

As a result of recent federal legislation, employers must update their workplace posters.
The United States Equal Employment Opportunity Commission ("EEOC") has updated its "EEO Is The Law" poster to reflect certain changes to federal labor and employment law. Specifically: (i) a se...

Health Care Reform: What Employers Need To Know About the Pending House Legislation And How It Could Affect The Workplace

Tue, 17 Nov 2009 00:00:00 GMT

After months of negotiations and several different versions of competing bills, the House of Representatives passed a health reform bill (H.R. 3962) that contains sweeping changes for employer-based health care. The bill would, if it became law, require employers to provide health care for their ...

Sweeping Changes Proposed Through The Health Care Fraud Enforcement Act of 2009

Mon, 16 Nov 2009 00:00:00 GMT

Following an October 28, 2009, Senate Judiciary Committee hearing on "Effective Strategies for Preventing Health Care Fraud," Senator Ted Kaufman (D-DE) introduced Senate Bill 1959, "The Health Care Fraud Enforcement Act of 2009" ("S. 1959" or "Act"),[i]...

Stimulus Expansion Provides Tax-Planning Opportunity For Real Estate Businesses

Thu, 12 Nov 2009 00:00:00 GMT

On November 6, 2009, President Obama signed into law The Worker, Homeownership and Business Assistance Act of 2009 (the "Expanded Act"). The Expanded Act includes multiple tax provisions benefiting business and individuals. Of particular benefit to real estate developers, home builders and commer...

New Mental Health Parity Requirements For Group Health Plans

Mon, 09 Nov 2009 00:00:00 GMT

Employers should be aware of a significant statute imposing new mental health parity requirements on group health plans: the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Pub. Law 110-343 ("MHPAEA"). MHPAEA was signed into law on October 3, 2008, as part ...

FDA Issues Draft Guidance On Risk Evaluation And Mitigation Strategies ("REMS") For Drugs And Biologics

Mon, 02 Nov 2009 00:00:00 GMT

On September 30, 2009, the Food and Drug Administration ("FDA") issued draft guidance entitled, Format and Content of Proposed Risk Evaluation and Mitigation Strategies (REMS), REMS Assessments, and Proposed REMS Modifications ("Draft Guidance").

NY State Department of Labor Publishes Notice and Acknowledgement of Wage Rate Forms and Fact Sheets

Fri, 30 Oct 2009 00:00:00 GMT

As we previously reported in our Summer 2009 New York State Employment Law Update, as of October 26, 2009, New York Labor Law Section 195(1) requires employers to notify all newly hired employees of the following: (i) rate...

Immigration Alert: October 2009

Fri, 30 Oct 2009 00:00:00 GMT

DHS/DOL Ramp Up Employer Site Visits

DHS Issues Final Rule Rescinding ‘No-Match/Safe Harbor' Regulation

U.S. District Court Holds that Treaty of Friendship, Commerce and Navigation Bars...

S. 1796: The Baucus Proposal Comes to Life: Ten Key Considerations for Pharmaceutical and Biotech Manufacturers to Think About Now

Fri, 30 Oct 2009 00:00:00 GMT

On October 19, 2009, the Senate Finance Committee released its legislative draft of the America's Healthy Future Act. "S. 1796" represents the draft legislative text intended to effectuate Senator Max Baucus's September 16, 2009, proposal, as amended and approved by the Finance Committee. S. 1796...

OIG Approves Ambulance Joint Venture, Emphasizes Public Benefit

Thu, 29 Oct 2009 00:00:00 GMT

On October 7, 2009, the Office of Inspector General ("OIG") posted Advisory Opinion 09-17 which addresses the formation of a joint venture among a hospital and three ambulance companies to provide transportation services in a county that includes some medically underserved areas. Despite the fact...

NLRB Issues Revised Guidelines Addressing When Board Attorneys and Investigators May ‘Skip Counsel' and Directly Contact Supervisors and Managers

Fri, 23 Oct 2009 00:00:00 GMT

On October 7, 2009, the National Labor Relations Board's ("NLRB" or the "Board") Division of Operations-Management issued Operations Memorandum OM 10-05, amending the agency's existing guidelines concerning the "skip counsel" issue regarding service of documents and correspondence and when its pe...

DMEPOS Update: Accreditation/Surety Bond Information; Update on CMS's Open Door Teleconferences on Competitive Bidding

Wed, 14 Oct 2009 00:00:00 GMT

Accreditation/Surety Bond Information

Although the deadlines for accreditation and surety bond(s) have passed for most suppliers of durable medical equipment, prosthetics, orthotics and supplies ("DMEPOS"), certain issues bear discussion to (1) ensure that the process was do...

New York State Restricts Mandatory Overtime For Nurses, Requires Nurse Coverage Plans

Tue, 13 Oct 2009 00:00:00 GMT

New York has joined the ranks of more than a dozen states in prohibiting "mandatory overtime" for nurses, except under very limited circumstances. Recently issued New York State Department of Labor emergency regulations require health care employers to develop and implement alternative staffing p...

Special Alert: Department of Homeland Security Issues Final Rule Rescinding ‘No-Match' Regulation

Wed, 07 Oct 2009 00:00:00 GMT

On October 6, 2009, the Department of Homeland Security (DHS) announced that it will issue a final rule, to be published in the Federal Register on October 7, 2009, rescinding the embattled "No-Match" regulation. As we have previously reported, DHS is of the opinion that the receipt of a "No-Matc...

Special Immigration Alert: 2011 Diversity Visa Lottery Begins on October 2, 2009, and Ends on November 30, 2009!

Fri, 02 Oct 2009 00:00:00 GMT

The Department of State (DOS) announced on September 30, 2009, the opening of the registration period for the DV-2011 Diversity Visa lottery. Entries for the DV-2011 Diversity Visa lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Friday, October 2, 2009,...

Vermont Bans Gifts and Expands Disclosure Requirements for Payments to Health Care Providers

Fri, 02 Oct 2009 00:00:00 GMT

On June 8, 2009, Vermont Governor Jim Douglas signed into law Act No. 59 (the "Act"),[1] which amends Vermont's existing pharmaceutical marketing disclosure law ("FY09 Law").[2] The...

Department of Labor Allows Summary Prospectus Delivery to 401(k) Plan Participants

Wed, 23 Sep 2009 00:00:00 GMT

Following the lead of the Securities Exchange Commission (SEC), the Department of Labor (DOL) confirmed (in Field Assistance Bulletin 2009-3, released September 8, 2009) that it will consider delivery of a Summary Prospectus that meets SEC requirements as also meeting DOL rules for delivery of in...

Top Ten Issues In America's Healthy Future Act Of Interest To Pharmaceutical and Biological Manufacturers

Tue, 22 Sep 2009 00:00:00 GMT

On September 16, 2009, Senator Baucus (D-Mont.) released the framework for a bill to be called the "America's Healthy Future Act," containing sweeping health reform provisions, parallel to President Obama's recent proposals. The framework document, as modified in the Senate Finance Committee on S...

Special Alert: U.S. Court of Appeals Refuses To Block Federal Contractor E-Verify Rule

Wed, 16 Sep 2009 00:00:00 GMT

On September 9, 2009, the U.S. Court of Appeals for the Fourth Circuit denied a motion by the U.S. Chamber of Commerce ("the Chamber") for an injunction to halt implementation of a rule requiring federal contractors to use E-Verify. This follows the August 26, 2009 decision by the U.S. District C...

Ninth Circuit Lets Right of Publicity/Parody Case Go to the Trier of Fact

Tue, 15 Sep 2009 00:00:00 GMT

Celebrity Paris Hilton, whom the U.S. Court of Appeals for the Ninth Circuit has styled as "famous for being famous," sued Hallmark Cards for what Hallmark contended was social commentary on Paris' television show "The Simple Life." The cover of the greeting card at issue in the lawsuit depicts a...

RAC Auditors for Regions B, C and D Publish Lists of CMS Approved Issues for RAC Audits

Fri, 04 Sep 2009 00:00:00 GMT

As part of the expansion of CMS' Recovery Audit Contractor ("RAC") initiative from a demonstration project to a permanent program, CMS requires that each of its four RAC contractors have issues subject to RAC review pre-approved by CMS and posted to the RAC's website. By way of background, RAC Au...

DMEPOS UPDATES: (1) CMS Delays Implementation Date for New Consignment Closet Rules; (2) Information from CMS's Second Special Open Door Teleconference on Competitive Bidding

Fri, 04 Sep 2009 00:00:00 GMT

Delayed Implementation of Change Request 6528 Affecting Suppliers of Durable Medical Equipment, Prosthetics, Orthotics and Supplies ("DMEPOS")
As described in our August 2009 Client Alert, the Centers for Medicare and Medicaid Services ("CMS") issued Change Request ("CR") 6528...

New York Adds New Teeth to Wage and Hour Enforcement

Wed, 02 Sep 2009 00:00:00 GMT

Employers have been experiencing a new wave of wage and hour lawsuits with significant six and seven figure recoveries and, in some cases, liability for managers who are responsible for failures to pay the wages required by the federal Fair Labor Standards Act ("FLSA") and state wage and hour law...

New York City Employers Beware: City Antidiscrimination Laws Are Tougher than Federal or State Laws

Tue, 01 Sep 2009 00:00:00 GMT

A series of recent decisions by the New York Appellate Division and federal courts have broadened the obligations of New York City employers beyond the requirements of federal and New York State antidiscrimination prohibitions in the area of actionable sexual harassment, disability discrimination...

Special Alert: USCIS Makes Form I-9 Announcement

Tue, 01 Sep 2009 00:00:00 GMT

The U.S. Citizenship and Immigration Services (USCIS) announced on August 27, 2009, that the federal Office of Management and Budget has approved an extension of the current Form I-9 to August 31, 2012. As a result, the USCIS has amended the Form I-9 to reflect an updated revision date of Au...

ERISA Litigation Practice Group: Trilogy of Recent Victories in Class Actions Regarding the Elimination of Retiree Death Benefits

Tue, 01 Sep 2009 00:00:00 GMT

The Epstein Becker Green ERISA Litigation Practice Group scored a major victory on July 17, 2009 for our client, Qwest Communications, Inc., when the U.S. Court of Appeals for the Tenth Circuit affirmed summary judgment in Qwest's favor in a putative class action challenge to Qwest's decision to ...

Special Alert: US District Court Upholds Implementation of E-Verify Rule Starting September 8, 2009

Fri, 28 Aug 2009 00:00:00 GMT

On August 26, 2009, the United States District Court for the District of Maryland, Southern Division, issued a decision in Chamber of Commerce of the United States of America, et. al. v. Napolitano upholding implementation of the federal E-Verify rule for government contractors. The case c...

The New HIPAA Breach Notification Rules: A Guide for Covered Entities and Business Associates to the Breach Reporting Obligations under the HITECH Act and HHS Regulations

Thu, 27 Aug 2009 00:00:00 GMT

The Health Information Technology for Economic and Clinical Health Act (the "HITECH Act"), which is part of the sweeping American Recovery and Reinvestment Act of 2009,

New Managed Care Reform Law Affects New York Managed Care Plans, Providers and Members

Mon, 24 Aug 2009 00:00:00 GMT

On July 28, 2009, Governor David Paterson signed into law three Governor's Program Acts designed to improve health insurance in New York. One of these laws, A. 8402 (the "Act"),[i] seeks to reform managed care by providing additional right...

Time Running Out On IRS Program For Reporting Foreign Accounts

Thu, 20 Aug 2009 00:00:00 GMT

Time is running out on taxpayers who would like to take advantage of an IRS program that permits U.S. taxpayers who have failed to file Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts ("FBAR"), as well as other information returns related to foreign holdings, to cure the failure ...

Special Alert: DHS Proposes to Rescind "No-Match" Regulation

Wed, 19 Aug 2009 00:00:00 GMT

On August 19, 2009, the Department of Homeland Security (DHS) published a proposed rule that would rescind the "Safe Harbor" regulation that the Bush administration initially promulgated on August 15, 2007, and that has been enjoined by the courts since that time.
As our readers may recall,...

Summer 2009 New York State Employment Law Update: Recent Amendments to the State Human Rights and Labor Laws

Mon, 17 Aug 2009 00:00:00 GMT

The following amendments to New York State's labor and employment laws will affect New York employers' hiring practices, terms of employment and employment-related litigation.
1. Rate of Pay, Regular Pay Day and Overtime Rate Must Be in Writing and Acknowledged by New Hires
La...

DMEPOS Update: Round One Rebid to Begin in Late 10/09; Important Reminders; Program Begins Again in 2011; Study Criticizes Competitive Bidding Program; CMS Limits Physician DME Consignment Closets

Fri, 14 Aug 2009 00:00:00 GMT

Please see our previous Client Alerts regarding the Medicare Competitive Bidding Program for durable medical equipment, prosthetics, orthotics and supplies ("DMEPOS").[i]

The Centers for Medicare and Medicaid Servic...

Immigration Alert: August 2009

Thu, 13 Aug 2009 00:00:00 GMT

President Obama Begins Immigration Policy Dialogue With Congress

Visa Waiver Program Travelers Face New Requirements

August 7, 2009 H-1B Cap Count

<...

AHRQ Announces a Request For Applications and Funding Opportunity for Comparative Effectiveness Research Clinical Registries – Initial Focus on Orthopedic Devices, Drugs, and Procedures

Thu, 13 Aug 2009 00:00:00 GMT

On July 6, 2009, the Agency for Healthcare Research and Quality ("AHRQ") announced its intention to provide, for the first time, funding for the development of "a prospective clinical registry of orthopedic devices, drugs and procedures."[i]

New York State Insurance Law Extends Continued Health Coverage From 18 Months to 36 Months and Dependent Health Coverage Through Age 29

Wed, 12 Aug 2009 00:00:00 GMT

On July 29, 2009, New York State Governor Paterson signed three bills into law that amend the New York State Insurance Law to improve access to health care and to make health insurance more affordable.
The first law extends continuation coverage for loss of coverage due to termination...

U.S. DOL Proposes Rule Requiring Federal Contractors and Sub-Contractors To Notify Employees of Their Rights Under the National Labor Relations Act

Wed, 12 Aug 2009 00:00:00 GMT

The United States Department of Labor ("DOL") has issued a proposed rule requiring certain federal contractors and subcontractors to advise their employees of their rights under the National Labor Relations Act ("NLRA"). Issued on August 3, 2009, comments on the proposed rule are due by September...

EEOC Issues New Guidance On Waivers Of Discrimination Claims In Employee Severance Agreements

Mon, 10 Aug 2009 00:00:00 GMT

As has been reported routinely for many months, the extraordinary economic downturn has caused an unfortunate and still on-going stream of shutdowns, furloughs, and reductions-in-force ("RIFs"). To minimize potential legal exposure, from RIFs, many employers offer exiting employees severance comp...

California Supreme Court: Limited Office Surveillance Is Not An Invasion of Privacy

Tue, 04 Aug 2009 00:00:00 GMT

On August 3, 2009, in a long-awaited decision, the California Supreme Court, in Hernandez v. Hillsides, Inc., C.D.O.S. 9763, reversed a ruling of the California Court of Appeal and held that an employer's limited video surveillance of an employee office when the employees were not present ...

Ninth Circuit: Managers Can Be Liable For Unpaid Wages Upon Bankruptcy

Tue, 04 Aug 2009 00:00:00 GMT

On July 27, 2009, the U.S. Court of Appeals for the Ninth Circuit held that a corporation's managers can be held personally liable under the Fair Labor Standards Act ("FLSA") for wages that the corporation failed to pay to employees prior to the employer's filing for bankruptcy. This opinion serv...

New Law Subjects New Jersey Employers To Severe Penalties For Willfully Misclassifying Workers

Thu, 23 Jul 2009 00:00:00 GMT

On July 10, 2009, New Jersey Governor Jon S. Corzine signed legislation allowing the state's Division of Workers' Compensation (the "Division") to impose criminal penalties and issue a stop-work order against an employer found to have knowingly: (1) failed to provide workers' compensation coverag...

Senate Democrats Progress on EFCA Compromise

Tue, 21 Jul 2009 00:00:00 GMT

The past several days have brought potentially significant developments with respect to Senate Democrats' efforts to enact labor law reform and bring the Employee Free Choice Act to a vote on the Senate floor. Reports have circulated that a consensus has begun to emerge among Senate Democrats for...

Special Alert: Minimum Wage Increase

Fri, 17 Jul 2009 00:00:00 GMT

Epstein Becker Green would like to remind all clients and friends that on July 24, 2009, the federal minimum wage will be increased to $7.25 per hour from the current level of $6.55, according to the U.S. Department of Labor.

The increase is the final one mandated by the Fair Minimum Wag...

New Jersey Moves Toward Law That Would Provide Job Protection For Volunteer Emergency Responders

Fri, 17 Jul 2009 00:00:00 GMT

On June 25, 2009, the New Jersey Assembly voted in favor of Bill Number 1263, known as the "Emergency Responders Employment Protection Act." If enacted into law, the Act would prohibit employers from terminating, dismissing or suspending an employee who fails to report for work because he or she ...

Health Reform Bill Mandates Standards for Medical Diagnostic Equipment to Accommodate Individuals with Disabilities

Fri, 17 Jul 2009 00:00:00 GMT

The Senate Health, Education, Labor and Pensions Committee recently released a draft of a health reform bill, titled the Affordable Health Choices Act ("AHCA"), which contains a provision that, if enacted, will significantly affect all types of health care manufacturers and providers. This provis...

Special Alert: ICE Launches Workplace Immigration Crackdown

Tue, 07 Jul 2009 00:00:00 GMT

On July 1, 2009, the U.S. Immigration and Customs Enforcement ("ICE") announced that it had issued 652 Notices of Inspection (NOIs) to businesses that it suspected of violating immigration laws. Pursuant to these NOIs, ICE will inspect hiring records to determine whether these businesses are in c...

Appellate Court Finds No Legitimate Business Interest Furthered By Employer's Electronic Communication Policy

Thu, 02 Jul 2009 00:00:00 GMT

How Employers Should Respond to the Stengart Decision
While many employers worry that some court decisions will add "insult to injury," New Jersey employers must now be aware of Stengart v. Loving Care Agency Inc., et al., --- A.2d ----, 2009 WL 1811064 (App. Div. 2009)...

California Supreme Court: Unions Lack Standing to Assert Unfair Competition and Private Attorneys General Act Claims

Thu, 02 Jul 2009 00:00:00 GMT

On June 29, 2009, the same day that it issued its highly anticipated opinion in Arias v. Superior Court, holding that employees need not bring representative actions under the Labor Code Private Attorneys General Act ("PAGA") as class actions, the California Supreme Court also affirmed the...

Supreme Court Ruling in Ricci v. DeStefano Puts Employers Between a Rock and a Hard Place

Wed, 01 Jul 2009 00:00:00 GMT

Title VII of the Civil Rights Act of 1964 bars intentional discrimination—intentionally different treatment—on the basis of race (Disparate Treatment). 42 U.S.C. § 2000e-2(a). Title VII also makes it illegal to use a facially neutral selection criteria which has an adverse statistical impact...

California Supreme Court: Employees May Bring ‘Bounty Hunter' Suits Without Satisfying Class Action Requirements

Tue, 30 Jun 2009 00:00:00 GMT

California employers, already besieged by wage-and-hour class actions, had better brace themselves for a new wave of representative actions under California's Private Attorneys General Act ("PAGA") after the California Supreme Court has made it easier than ever for employees to pursue such claims...

Special Alert: USCIS Extends Validity Date of Form I-9 Beyond Current Expiration Date of June 30, 2009

Mon, 29 Jun 2009 00:00:00 GMT

On Friday, June 26, 2009, the U.S. Citizenship and Immigration Services (USCIS) announced that it had extended the validity date past June 30, 2009, of the Form I-9, Employment Eligibility Verification (Rev. 02/02/09) currently on the USCIS web site. The USCIS has asked the Office of Management a...

Supreme Court Applies More Stringent ‘But For' Standard of Proof in Age Cases in Gross v. FBL Financial Services

Fri, 26 Jun 2009 00:00:00 GMT

On June 18, 2009, the Supreme Court of the United States ruled for the first time that in order to prevail in a disparate treatment case brought under the Age Discrimination in Employment Act (ADEA), the plaintiff must prove that "but for" the alleged discrimination, the employer would not have t...

Immigration Alert: June 2009

Wed, 24 Jun 2009 00:00:00 GMT

USCIS Announces Resumption of Premium Processing for I-140 Petitions

Senators Press DOL to ‘Close the Loophole' Exempting Home Health Care Workers from Minimum Wage and Overtime Exemption

Mon, 22 Jun 2009 00:00:00 GMT

Fifteen United States senators have stepped forward to urge the U.S. Department of Labor ("DOL") to repeal a broad exemption from the minimum wage and overtime requirements of the federal Fair Labor Standards Act ("FLSA") for home health care workers. Under current DOL regulations, home health ca...

Special Alert: USCIS Announces Resumption of Premium Processing for I-140 Petitions

Mon, 22 Jun 2009 00:00:00 GMT

On June 22, 2009, the U.S. Citizenship and Immigration Services ("USCIS") announced that on June 29, 2009, it would resume accepting requests to Premium Process Form I-140 petitions involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members ...

DMEPOS Update: CMS Prepares to Re-Launch Competitive Bidding Program; Next Steps for DMEPOS Suppliers Preparing to Submit Bids; PAOC Meeting on Competitive Bidding Program

Fri, 19 Jun 2009 00:00:00 GMT

This is the sixth in our series of Client Alerts regarding the Medicare Competitive Bidding Program for durable medical equipment, prosthetics, orthotics and supplies ("DMEPOS").[1]

CMS Prepares to Re-Launch Competiti...

New Developments For Smaller Reporting Companies

Mon, 15 Jun 2009 00:00:00 GMT

This Client Alert highlights recent key legal developments for smaller public companies and those considering going public. The focus is on news relevant for listing requirements and proxy material access for executives of smaller reporting companies ("SRCs"). SRCs are a subcategory of reporting ...

Listing and Disclosure Requirements Are Eased For Smaller Reporting Companies

Mon, 15 Jun 2009 00:00:00 GMT

This Client Alert highlights key legal developments for smaller public companies and those considering going public. The focus is on news relevant for listing requirements and proxy material access for executives of smaller reporting companies ("SRCs"). SRCs are a subcategory of reporting entity ...

Bonus Compensation And Clawbacks: What Employers Need To Know

Fri, 12 Jun 2009 00:00:00 GMT

Employers recently have been exploring the use of "clawbacks" to recover bonus compensation payable to employees. Clawbacks are contractual provisions that require an employee to repay compensation received from an employer following events such as an employee's termination of employment, to comp...

California Court of Appeal Reverses $87 Million Award Against Starbucks In Tip-Pooling Class Action

Wed, 03 Jun 2009 00:00:00 GMT

In a stunning victory for Starbucks and the hospitality industry in general, a California Court of Appeal has reversed a $87 million award in a tip-pooling class action brought on behalf of the company's baristas (the name given by Starbucks to its servers). In the decision, Chau v. Starbucks ...

Special Alert: Federal Government Seeks Additional Delay in Implementation of Federal Contractor E-Verify Rule

Tue, 02 Jun 2009 00:00:00 GMT

On May 29, 2009, the federal government requested an additional 70 days to review a regulation issued last year by the Bush Administration (the "Final Rule") that would impose an E-Verify requirement on all government contractors. This extension request, made in connection with a lawsuit filed by...

IRS Ruling Approves One-time Election to Waive Nontaxable Benefit

Tue, 02 Jun 2009 00:00:00 GMT

In a recently released private letter ruling (PLR 200914018), the Internal Revenue Service allowed a one-time election between the waiver of a nontaxable benefit (retiree medical coverage) and an increase in pay. This would not seem surprising, except that the IRS has taken the position under the...

IRS Gives Distressed Employers Flexibility With Safe Harbor Plans

Thu, 28 May 2009 00:00:00 GMT

On May 18, 2009, the Internal Revenue Service ("IRS") issued proposed regulations under Sections 401(k) and 401(m) of the Internal Revenue Code of 1986, as amended (the "Code") that allow distressed employers (who have incurred a substantial business hardship) to reduce or suspend their safe harb...

IRS Announces 403(b) Prototype Program: What Employers Need to Know

Thu, 21 May 2009 00:00:00 GMT

On April 14, 2009, the Internal Revenue Service (the "IRS") issued Announcement 2009-34, which contains its proposed revenue procedure that will establish an opinion letter program for Section 403(b) prototype plans. Simultaneous with the Announcement, the IRS posted sample plan language for use ...

Special Alert: CBP Reminds Travelers About New Border-Crossing Document Requirements

Thu, 21 May 2009 00:00:00 GMT

On May 21, 2009, U.S. Customs and Border Protection ("CBP") issued a reminder about the new documentary requirements that go into effect on June 1, 2009 for those seeking admission to the United States through any land or sea port of entry.

As we previously advised, these new requirement...

Immigration Alert: May 2009

Fri, 15 May 2009 00:00:00 GMT

Jungmin Choi Joins the EBG Immigration Law Group

DHS Issues New Worksite Enforcement Guidelines

Obama Administration Delays Implementation of Federal Acquisition Regulation Requiring Use ...

New FDA Draft Guidance on Technical Considerations for Pen, Jet, and Related Injectors Intended for Use with Drugs and Biological Products

Fri, 08 May 2009 00:00:00 GMT

On April 27, 2009, the U.S. Food & Drug Administration ("FDA") announced the availability of a new draft guidance document titled "Technical Considerations for Pen, Jet, and Related Injectors Intended for Use with Drugs and Biological Products" ("Draft Guidance").

Georgia Governor Inks Voluntary Remediation Program

Fri, 08 May 2009 00:00:00 GMT

On May 5, 2009, Georgia Governor Sonny Perdue signed into law Georgia's new Voluntary Remediation Program ("VRP"). The VRP is designed to facilitate the voluntary clean up of contaminated properties within the state, including those subject to Georgia's Hazardous Site Response Act ("HSRA"). Simil...

Ninth Circuit Requests California Supreme Court Interpretation of Wage Orders for Pharmaceutical Sales Representatives

Thu, 07 May 2009 00:00:00 GMT

In recent years, the alleged misclassification of employees under California's wage and hour laws has been a hotly contested issue and the subject of a great many class actions. Faced with several appeals pending before it, the Ninth Circuit has now sought guidance from the California Supreme Cou...

Massachusetts To Implement Far-Reaching Law To Protect Personal Data

Wed, 06 May 2009 00:00:00 GMT

by Barry A. Guryan

May 2009

The Commonwealth of Massachusetts has recently issued regulations regarding a new "Data Protection" law, entitled, S...

Circuit Court Rulings Bring Uncertainty To NLRB Decisions

Tue, 05 May 2009 00:00:00 GMT

In a decision with potentially far far-reaching consequences for management and labor, the United States Court of Appeals for the District of Columbia Circuit has cast into doubt hundreds of cases decided by the National Labor Relation Board ("NLRB" or "Board") since January 1, 2008, as well as a...

Planning for Pandemic: Just Leave 1

Wed, 29 Apr 2009 00:00:00 GMT

Over the past few weeks, what started as a couple of hundred cases of swine flu localized in Mexico has spread to other parts of the world, including the United States. The Centers for Disease Control and Prevention ("CDC") is working closely with state and local officials to investigate the huma...

HITECH Updates: Proposed Health Breach Notification Rule Promulgated by the FTC; HHS Releases Guidance on How to Render PHI ‘Unusable, Unreadable, or Indecipherable'

Tue, 28 Apr 2009 00:00:00 GMT

Introduction

Epstein Becker & Green has previously posted a Client Alert discussing government incentives to facilitate adoption of health information technology found in the Health Information Technology for Economic and Clinical Health Act, or the "HITECH Act" (see

Massachusetts Department of Public Health Publishes Final Regulations on Pharmaceutical and Medical Device Manufacturer Conduct

Tue, 21 Apr 2009 00:00:00 GMT

On March 11, 2009, the Massachusetts Department of Public Health ("DPH") published final regulations to implement Chapter 111N of the General Laws of Massachusetts, which was signed into law on August 10, 2008. The final regulations are intended to "ensure that the relationship between pharmaceut...

New Ontario, Canada, Registration Requirements for Electrical Medical Device Manufacturers

Tue, 21 Apr 2009 00:00:00 GMT

Effective April 1, 2009, electrical medical device manufacturers selling in Ontario, Canada, must comply with new registration requirements issued by the Ontario Electrical Safety Authority ("ESA"). The grace period for registration extends to August 30, 2009. The following are relevant questions...

Economic Stimulus Projects: Are Prevailing Wage Rates Required?

Tue, 21 Apr 2009 00:00:00 GMT

For many employers, the prospect of gaining new revenue from contracts funded by the 2009 American Reinvestment and Recovery Act ("ARRA") is the answer to economic prayers in these difficult times. However, bids for these projects must take into consideration the likelihood that "prevailing wage ...

Special Alert: USCIS Updates FY2010 H-1B Count Delay of Applicability of FAR E-Verify Regulation Until June 30, 2009

Mon, 20 Apr 2009 00:00:00 GMT

The U.S. Citizenship and Immigration Services ("USCIS") issued a press release on April 17, 2009 announcing that, as of April 13, 2009, approximately 43,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. The USCIS say...

Special Alert: USCIS Updates H-1B Count for FY 2010

Thu, 09 Apr 2009 00:00:00 GMT

The U.S. Citizenship and Immigration Services ("USCIS") issued a press release today announcing that it had received approximately 42,000 H-1B petitions that count toward the Congressionally-mandated cap of 65,000, and that it continues to accept petitions subject to this cap.

At the same...

Special Alert: USCIS Continues to Accept H-1B Petitions for FY 2010

Wed, 08 Apr 2009 00:00:00 GMT

The U.S. Citizenship and Immigration Services ("USCIS") issued a press release today announcing that it continues to accept new H-1B petitions subject to the 2010 quota. This may indicate that the 2010 quota was not reached through the initial filings. The USCIS says that it will continue to moni...

Analysis of the HITECH Act's Incentives to Facilitate Adoption of Health Information Technology

Tue, 07 Apr 2009 00:00:00 GMT

The "Health Information Technology for Economic and Clinical Health Act'' or the ‘‘HITECH Act" (as contained within the American Recovery and Reinvestment Act of 2009 [the "Stimulus"]) will expand the use of health information technology (HIT) and appropriates $250 million for this Fiscal ...

California Appellate Court Extends Tipping Pool To Restaurant Employees Who Are In The Chain Of Service

Fri, 03 Apr 2009 00:00:00 GMT

In Etheridge v. Reins International California, Inc. ("Etheridge") a California appellate court issued what is sure to be a controversial opinion and one rife with very significant consequences for the hospitality industry in California. In a 2-1 split decision, a California court of appea...

Special Alert: New Form I-9

Thu, 02 Apr 2009 00:00:00 GMT

The U.S. Citizenship and Immigration Services has posted the new Form I-9 on its website (www.uscis.gov/i-9). Employers must begin using the new form for all Form I-9 verifications or re-verifications occurring on or after April 3, 2009. Previous versions of...

Supreme Court Holds That Employees May Be Compelled To Arbitrate Statutory Discrimination Claims Under Certain Collective Bargaining Agreements

Thu, 02 Apr 2009 00:00:00 GMT

On April 1, 2009, the United States Supreme Court issued its long-awaited decision in 14 Penn Plaza LLC, et al., v. Steven Pyett et al., No. 07-581, 556 U.S. ___ (2009), upholding mandatory arbitration of statutory employment discrimination disputes under union collective bargaining agreem...

New York State OMIG Announces Final Self-Disclosure Guidance

Thu, 02 Apr 2009 00:00:00 GMT

On March 12, 2009, the New York State Office of the Medicaid Inspector General (OMIG) announced the release of its final Self-Disclosure Guidance for Medicaid Providers (the "Guidance"). The Guidance replaces the existing Department of Health (DOH) disclosure protocol and sets forth the requireme...

UPDATE – COBRA Subsidy: DOL Issues Model COBRA Notices and FAQs

Mon, 23 Mar 2009 00:00:00 GMT

As we advised you in our Client Alerts issued on February 25, 2009 and March 5, 2009, the Department of Labor ("DOL") was required to issue model notices with respect to the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") subsidy enacted under the American Recovery and Reinvestme...

Federal Court Strikes Illinois Law Restricting Use of Federal E-Verify Program

Fri, 20 Mar 2009 00:00:00 GMT

On March 12, 2009, the United States District Court for the Central District of Illinois declared that Section 12(a) of Illinois Public Act 95-138 (the "Illinois Act") was invalid under the Supremacy Clause of the U.S. Constitution, because it conflicted with the federal Illegal Reform and Immigr...

Record Jump In Job Bias Claims Filed With EEOC In FY 2008

Tue, 17 Mar 2009 00:00:00 GMT

On March 11, 2009, the Equal Employment Opportunity Commission (EEOC) announced that a record-breaking number of workplace discrimination charges—95,402, to be exact—were filed with the agency in Fiscal Year 2008. This number represents a 15.2 percent increase over the previous fiscal year, when ...

COBRA For Health Care Organizations

Wed, 11 Mar 2009 00:00:00 GMT

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (H.R. 1, S. 1) (the "Act"), which, among other things, amends the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA").
The Act provides:
for a government subsidy...

New Law Allows California Employers More Flexibility For Implementing Alternative Work Schedules

Tue, 10 Mar 2009 00:00:00 GMT

As part of the recent budget compromise in California, on February 20, 2009, Governor Schwarzenegger signed into law Assembly Bill 5. The new law amends Labor Code section 511, which regulates alternative work schedules. The intended effect of the law is to provide employers with more flexibility...

Amid Tough Times, Furloughs Can Save Employers Money and Employees Jobs

Thu, 05 Mar 2009 00:00:00 GMT

For many employers, these are desperate economic times. Every entity facing diminished revenue must consider cost cuts to survive. As news reports show, reductions in force (RIFs) are being used daily to achieve cost savings, and for some employers they may be the best solution. In some cases, ho...

UPDATE - COBRA Subsidy: What It Means For Employers

Thu, 05 Mar 2009 00:00:00 GMT

Updated from 2/25/09

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (H.R. 1, S. 1) (the "Act"), which, among other things, amends the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA").

The Act ...

UPDATE – COBRA Subsidy: What It Means For Employers: Additional Information

Thu, 05 Mar 2009 00:00:00 GMT

As we advised you in our Client Alert issued on February 25, 2009, the American Recovery and Reinvestment Act of 2009 (H.R. 1, S. 1) (the "Act"), amended the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), including state "mini-COBRA" coverage, to create a government subsidy for...

Immigration Alert: March 2009

Mon, 02 Mar 2009 00:00:00 GMT

Reminder: New H-1B Petitions Must Be Filed On March 31, 2009
USCIS Expands Premium Processing For Certain I-140 Petitions
USCIS Delays Implementation Of New Form I-9
Sanders-Grassley Amendment To Stimulus Bill Restricts New H-1B Petitions
<...

DMEPOS Update: CMS Issues Then Delays Interim Final Rule On Competitive Bidding, Issues Final Rule Requiring Surety Bonds and Reverses on Exempting Pedorthists From Accreditation

Fri, 27 Feb 2009 00:00:00 GMT

CMS Issues Then Delays Interim Final Rule Regarding Competitive Bidding

According to an announcement on February 13, 2009, the Centers for Medicare and Medicaid Services ("CMS") is postponing the effective date of the durable...

House and Senate Republicans Introduce Amendments to National Labor Relations Act to Require Secret-Ballot Elections In Response to Proposed Employee Free Choice Act

Fri, 27 Feb 2009 00:00:00 GMT

On February 25, 2009, Republican members of the House and Senate concurrently introduced bills to amend the National Labor Relations Act ("NLRA" or the "Act") to mandate that employees have the right to secret-ballot elections when deciding whether they want to be represented in collective bargai...

Stimulus Package Brings Sweeping Whistleblower Protections Affecting Employers Receiving Covered Funds

Fri, 27 Feb 2009 00:00:00 GMT

Private and public employers receiving funds under the recently enacted federal stimulus package may face new responsibilities and increased risks of whistleblower complaints. Knowing how new substantive and procedural requirements will affect you and how to respond appropriately will be key to c...

Ninth Circuit Withdraws Opinion Regarding Non-California Resident Overtime Case

Fri, 20 Feb 2009 00:00:00 GMT

In Sullivan v. Oracle Corporation, 547 F.3d 1177 (9th Cir. 2008), the Ninth Circuit Court of Appeals issued a controversial opinion, holding that non-California residents who perform work in California, even on short-term assignments, are protected by California labor laws. On February 17,...

New York Office of Medicaid Inspector General Publishes Proposed Regulation Requiring Medicaid Providers and Others To Implement Compliance Programs

Tue, 17 Feb 2009 00:00:00 GMT

On January 14, 2009, the New York State Office of Medicaid Inspector General (OMIG) proposed long-awaited regulations that, if finalized, will require many Medicaid providers in New York State to adopt and implement an "effective" compliance program. The proposed regulations, which can be found a...

American Recovery and Reinvestment Act: Overview of Modifications to the HIPAA Privacy and Security Regulations

Tue, 17 Feb 2009 00:00:00 GMT

This alert provides a brief overview of privacy and security provisions included within The American Recovery and Reinvestment Act of 2009 (H.R. 1, S. 1) (the "Stimulus"). The Stimulus includes funding for health information technology ("HIT") and for comparative effectiveness research. These pro...

Title VII's Retaliation Clause Protects Employee Who Discloses Unlawful Conduct in Response to Employer's Internal Investigation

Tue, 10 Feb 2009 00:00:00 GMT

On January 26, 2009, the United States Supreme Court expanded the scope of the protection of Title VII of the Civil Rights Act of 1964 ("Title VII") forbidding retaliation by employers against employees who report workplace race or gender discrimination. (Crawford v. Metro. Gov't of Nashville ...

President Obama Signs Three New ‘Labor Friendly' Executive Orders

Fri, 06 Feb 2009 00:00:00 GMT

On January 30, 2009, President Obama issued three Executive Orders, each of which has the potential to significantly affect employers that do business with the federal government. All are reflective of the Obama administration's support for organized labor and are consistent with the president's ...

Special Alert: USCIS Delays Implementation of Interim Final Rule on Documents Acceptable for Employment Verification

Mon, 02 Feb 2009 00:00:00 GMT

On January 30, 2009, the USCIS announced that the effective date of the new Form I-9 has been delayed for 60 days, until April 3, 2009. It was originally scheduled to take effect on February 2, 2009. The comment period on the new form now runs until March 4, 2009. The temporary extension is desig...

Special Immigration Alert: Federal Government Agrees to Postpone E-Verify Contractor Rule

Fri, 30 Jan 2009 00:00:00 GMT

On January 28, 2009, the federal government agreed to postpone until May 21, 2009, implementation of a new regulation and related federal procurement law that requires federal contractors to use the electronic verification program (E-Verify) to assess the employment authorization of workers on fe...

AdvaMed Revises Code of Conduct

Thu, 29 Jan 2009 00:00:00 GMT

On December 18, 2008, the Advanced Medical Technology Association, better known as AdvaMed, released the first major revision and substantial restatement of its Code of Ethics on Interactions with Health Care Professionals ("revised Code").^[i]...

Epstein Becker Green Submits Comments on Required Disclosure of Hospital-Physician Financial Relationships

Thu, 29 Jan 2009 00:00:00 GMT

Epstein Becker Green, on behalf of a number of clients, submitted comments in January, 2009, to the Office of Management and Budget ("OMB") concerning the new Disclosure of Financial Relationships Report ("DFRR"), which requires 400 hospitals to disclose their financial relationships with their r...

New DHHS OIG Integrity Obligations Imposed on Members of Health Care Boards of Directors

Mon, 26 Jan 2009 00:00:00 GMT

Members of corporate boards of directors are subject to two main responsibilities – the Duty of Loyalty and the Duty of Care. In recent years, the United States Department of Health and Human Services, Office of the Inspector General ("OIG") has issued publications to make it clear to members of ...

New York Employers Face New Background Check Requirements

Fri, 23 Jan 2009 00:00:00 GMT

A new law affecting New York State employers who use background checks for employment purposes goes into effect on February 1, 2009. The new law amends the New York State General Business Law and the New York State Labor Law and contains both a notice requirement and a posting requirement. Specif...

Senators Grassley and Kohl Introduce a Revised Version of the Physician Payments Sunshine Act of 2009

Fri, 23 Jan 2009 00:00:00 GMT

On January 22, 2009, Senators Charles Grassley (R-IA) and Herb Kohl (D-WI) introduced the Physician Payments Sunshine Act of 2009 ("Sunshine Act"). Similar legislation was introduced previously by Senator Grassley.[i] Previous versions of ...

Litigation to Rise With New NLRB Rules, Employee Free Choice Act

Thu, 22 Jan 2009 00:00:00 GMT

Recent changes to the National Labor Relations Board ("the Board") procedures and the looming threat of passage of the Employee Free Choice Act ("EFCA") could significantly impact employers defending their termination decisions of employees in the face of union activity. It is increasingly likely...

FY 2009 Inpatient Prospective Payment Final Rules Modifications to the Stark Law Regulations: Does Your Organization Need to Restructure Any Financial Relationships with Physicians?

Thu, 22 Jan 2009 00:00:00 GMT

On August 19, 2008, the Centers for Medicare and Medicaid Services ("CMS") issued the final Changes to the Hospital Inpatient Prospective Payment Systems and Fiscal Year 2009 Rates final rules ("FY 2009 IPPS Final Rules").[i] These rules, among o...

Special Immigration Alert: New Form I-9

Thu, 22 Jan 2009 00:00:00 GMT

The U.S. Citizenship and Immigration Services has posted the new Form I-9 on its website (www.uscis.gov/i-9). Employers must begin using the new form for all Form I-9 verifications or re-verifications occurring on or aft...

Special Immigration Alert: USCIS Delays Implementation of E-Verify for Federal Contractors Until February 20, 2009

Fri, 16 Jan 2009 00:00:00 GMT

On June 6, 2008, President Bush amended Executive Order 12989 and directed federal agencies, starting January 12, 2009, to require federal contractors and subcontractors to use the E-Verify system to verify the employment eligibility of employees. On January 12, 2009, the U.S. Citizenship and Imm...

Proposed CMS Survey Form Requiring Extensive Disclosure by Hospitals of Hospital/Physician Relationships is Under Review by OMB—Comment Period Currently Open

Wed, 14 Jan 2009 00:00:00 GMT

On December 19, 2008, the Centers for Medicare and Medicaid Services ("CMS") published a notice that the Office of Management and Budget ("OMB") would be accepting comments concerning the Disclosure of Financial Relationships Report ("DFRR"). Comments currently are due January 20, 2009. For the r...

Immigration Alert: January 2009

Wed, 07 Jan 2009 00:00:00 GMT

January 2009

Frederick Warren Strasser Join the Immigration Law Group at EBG

DHS Issues Interim Final Rule That Modifies Form I-9 and List of Acceptable Documents

U.S. Chamber Coalition Sues To Enjoin FA...

Employer Posting Requirements Under New Jersey Law

Mon, 05 Jan 2009 00:00:00 GMT

With the start of 2009, New Jersey employers may find it useful to review the notification requirements relating to employees' workplace rights and responsibilities under both state and federal law.
Employers are mandated under both New Jersey and fed...

Update On China Labor Contract Law: China Promulgates Implementing Regulations To Labor Contract Law

Tue, 23 Dec 2008 00:00:00 GMT

The China Labor Contract Law ("CLCL"), which took effect on January 1, 2008, has generated much confusion and controversy among employers since its adoption on June 29, 2007. On September 18, 2008, China's State Council released the long-awaited Implementing Regulations of the China Labor Contrac...

FDA & OHRP Guidance on Data Retention and Other Considerations Applicable to Subjects Who Withdraw From Clinical Research

Tue, 23 Dec 2008 00:00:00 GMT

On December 1, 2008, the Department of Health and Human Services ("HHS") Office of Human Research Protections ("OHRP") announced the availability of a Draft "Guidance on Important Considerations for When Participation of Human Subjects in Research is Discontinued" ("Department") released draft regulation 105 CMR 970.00 titled, "Pharmaceutical and Medical Device Manufacturer Code of Conduct" (the "Draft Regulation").

New York's Top Court Expands Reach of Injunctions Against Unions

Wed, 17 Dec 2008 00:00:00 GMT

Claims Against Union Protests Aimed At ‘Innocent Bystanders' Are Not Preempted

In a significant ruling for employers and property owners, the New York Court of Appeals, in Helmsley-Spear, Inc. v. Fishman, recently ruled that a law sui...

California Court of Appeal Confirms that Punitive Damages are Unavailable for Wage and Hour Claims

Tue, 16 Dec 2008 00:00:00 GMT

Confirming what many had long believed, the California Court of Appeal in Brewer v. Premier Golf Properties, Case No. D050686 (December 3, 2008), awarded a significant victory to employers, holding that punitive damages are not recoverable for wage and hour claims when liability is premise...

Starbucks Not Daddy Warbucks: California Court of Appeal Permits Writ Relief from Denial of Summary Judgment in Class Action

Mon, 15 Dec 2008 00:00:00 GMT

In an unusual move, the California Court of Appeal, in Starbucks Corporation v. Superior Court (Lords), Case No. G039700, issued on December 10, 2008, a peremptory writ of mandate vacating an order denying summary judgment in a class action alleging Starbucks' employment application contai...

CMS Announces E-Prescribing Incentive Program for Physicians

Mon, 01 Dec 2008 00:00:00 GMT

In the 2009 Medicare Physician Fee Schedule, the Centers for Medicare & Medicaid Services ("CMS") issued a final rule on November 19, 2008 for the new E-Prescribing Incentive Program, that was authorized by the Medicare Improvements for Patients and Providers Act of 2008 ("MIPPA...

CMS Finalizes Changes to Medicare's Anti-Markup Rule That Will Have Substantial Implications For Physician / Supplier Practice Models

Tue, 25 Nov 2008 00:00:00 GMT

On October 30, 2008, the Centers for Medicare & Medicaid Services ("CMS") filed with the Office of the Federal Register the final provisions to the 2009 Medicare Physician Fee Schedule (the "Final Rule"). Among the many changes in this Final Rule, CMS expanded the scope of the "...

Final Rule Requires Certain Federal Government Contractors to Use The E-Verify System

Thu, 20 Nov 2008 00:00:00 GMT

On November 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (collectively, the Councils) issued a final rule (Final Rule), which amends the Federal Acquisition Regulation (FAR) to mandate that certain contractors and subcontractors of the Defense ...

Online Pharmacies Subject to Heightened Scrutiny and Requirements

Mon, 17 Nov 2008 00:00:00 GMT

On October 15, 2008, President Bush signed into law the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (Pub. L. No. 110-425) (the "Ryan Haight Act" or "Act") which amends the Controlled Substances Act ("CSA") and related sentencing guidelines. Among other things ...

DHS Issues Supplemental ‘Safe Harbor' Rule to Guide Employers Who Receive Social Security ‘No-Match' Letters

Tue, 11 Nov 2008 00:00:00 GMT

On October 28, 2008, the Department of Homeland Security (DHS) issued a Supplemental Final "Safe Harbor" Rule (the "Final Rule"). Originally proposed on June 14, 2006, and subsequently issued on August 15, 2007, as a final rule (the "Initial Final Rule"), the Final Rule clarifies what steps an em...

Federal Court Enjoins CMS From Applying the "Least Costly Alternative" Payment Policy to Covered Medicare Part B Pharmaceuticals

Mon, 10 Nov 2008 00:00:00 GMT

On October 16, 2008, the United States District Court for the District of Columbia permanently enjoined the Secretary of Health and Human Service from implementing coverage policies that would have based Medicare reimbursement for a covered Part B inhalation drug on the "least costly alternative"...

Special Immigration Alert: 2010 Diversity Lottery Ends December 1, 2008!

Mon, 10 Nov 2008 00:00:00 GMT
The 2010 Online Diversity Lottery is ongoing and will end Monday, December 1, 2008 at 12:00 PM EST. Applications must be made on-line and applicants are strongly encouraged not to wait until the last week of the registration period to enter. Please note that information, instructions, and the Electr...

D.C.'s Paid Sick Leave Law Set to Take Effect Amid Uncertainty

Thu, 06 Nov 2008 00:00:00 GMT

In March 2008, we published a Client Alert announcing the new "Accrued Sick and Safe Leave Act" (ASSLA) requiring all employers in the District of Columbia to provi...

Immigration Alert: October 2008

Tue, 28 Oct 2008 00:00:00 GMT

DHS Issues Supplemental ‘Safe Harbor' Rule to Guide Employers Who Receive Social Security ‘No-Match' Letters

Update on Changes to Visa Waiver Program

USCIS Increases Period of Stay For Trade-NAFTA Professional Workers to Three Years

President Bush S...

California Supreme Court to Review the Brinker Meal And Rest Break Class Action

Wed, 22 Oct 2008 00:00:00 GMT

As many commentators had expected, on October 22, 2008, the California Supreme Court agreed to review the Court of Appeal decision regarding meal and rest breaks in Brinker Restaurant Corp. v. Superior Court (2008), 165 Cal. App. 4th 25. In that case, the appellate court concluded that Cal...

President Bush Signs Bail Out Legislation: Executive Compensation Provisions

Mon, 13 Oct 2008 00:00:00 GMT

On October 3, 2008, President Bush signed legislation that includes the Emergency Economic Stabilization Act of 2008 (the "Stabilization Act") and the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (the "Tax Extenders Act"). The combined legis...

New Rule of Evidence Aims to Limit Consequences of Inadvertent Waivers of Attorney-Client Privilege and Work Product Protection

Thu, 09 Oct 2008 00:00:00 GMT

On September 19, 2008, President Bush signed into law a bill creating Federal Rule of Evidence 502, which is designed to protect parties from inadvertently waiving the attorney-client privilege or work-product protection when disclosure of privileged or protected information in a federal action r...

U.S. Supreme Court Considers Title VII Protection For Employee Cooperation in Internal Investigations

Wed, 08 Oct 2008 00:00:00 GMT

On October 8, 2008, the United States Supreme Court heard argument in Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee ("Metro"). This case addresses whether employees who cooperate with an internal investigation of alleged sexual harassment, in the absence o...

California Makes Dramatic Change to Overtime Exemption for Computer Professionals

Wed, 08 Oct 2008 00:00:00 GMT

On September 23, 2008, Governor Arnold Schwarzenegger signed into law an urgency bill that dramatically changes California's overtime exemption for computer professionals. This bill affects an estimated 250,000 employees in California and changes the recordkeeping requirements for employers.
...

President Bush Signs the ADA Amendments Act, Dramatically Expanding the Americans with Disabilities Act

Mon, 29 Sep 2008 00:00:00 GMT

On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 (ADAAA) (P.L. 110-325), which significantly amends the Americans with Disabilities Act of 1990 (the "ADA"). The ADAAA is effective January 1, 2009.
Title I of the ADA prohibits discrimination on the basis o...

Special Immigration Alert: 2010 Diversity Lottery Begins October 2, 2008!

Mon, 29 Sep 2008 00:00:00 GMT

The 2010 Online Diversity Lottery begins Noon EDT, October 2, 2008 and ends Noon EST, December 1, 2008. Applications must be made on-line and applicants are strongly encouraged not to wait until the last week of the registration period to enter. Please note that information, instructions, and the...

SEC Approves Significant Amendments Affecting Foreign Private Issuers

Fri, 26 Sep 2008 00:00:00 GMT

On September 24, 2008, the U.S. Securities and Exchange Commission (the "SEC") published the text of the final set of recently approved amendments to rules affecting foreign private issuers.

SEC'S Changes To Form D Take Effect: New Disclosure and Filing Requirements For Issuers

Mon, 15 Sep 2008 00:00:00 GMT

On September 15, 2008, amendments to the disclosure and filing requirements of Form D became effective, following their adoption earlier this year by the Securities and Exchange Commission. A Form D is filed for private placements of securities seeking to comply with one of the exemptions from re...

New York Mini-WARN Law Provides Maxi-Coverage of Employers

Tue, 09 Sep 2008 00:00:00 GMT

A recent New York State law will impose greater obligations on certain employers to provide notice to workers of impending layoffs or plant closings.

The law, which Governor David Paterson signed on August 5, 2008, and is titled the New York State ...

District of Columbia Department of Health Issues Final Rules for "Pharmaceutical Detailers"

Mon, 08 Sep 2008 00:00:00 GMT

The "SafeRx Amendment Act of 2008" (the "Act")^[1] was enacted in the District of Columbia (the "District" or "D.C.") on February 1, 2008 and took effect on March 26, 2008....

DMEPOS Update: Physicians and Certain Other Professionals Now Exempt from DMEPOS Accreditation Requirements and MIPPA Delays Competitive Bidding, Terminates Round 1 Contracts

Wed, 03 Sep 2008 00:00:00 GMT

In the wake of reforms under the Medicare Improvements for Patients & Providers Act ("MIPPA"),^[i] the Centers for Medicare & Medicaid Services ("CMS")...

New Jersey Court Clarifies Meaning of ‘Job Abandonment' Under Unemployment Benefits Law

Wed, 03 Sep 2008 00:00:00 GMT

Employee handbooks commonly contain a policy providing that employees who fail to report to work for three consecutive business days (i.e., no-call-no-show) will be deemed to have resigned through job abandonment. By designating the termination of em...

Massachusetts Senate Bill 2863 Provides Additional Compliance Challenges For Pharmaceutical And Medical Device Companies

Fri, 29 Aug 2008 00:00:00 GMT
On August 10, 2008, Governor Deval Patrick signed into law Senate bill 2863, "An Act to Promote Cost Containment, Transparency and Efficiency in the Delivery of Quality Health Care" (the "Act"). The Act is available at:

AAO Issues Unpublished Decision Restricting L-1B Nonimmigrant Classification

New U.S. Passport Card Is Acceptable I-9 Document

Comment Period ...

PhRMA Releases Revised Code on Interactions with Healthcare Professionals

Wed, 27 Aug 2008 00:00:00 GMT

The Pharmaceutical Research and Manufacturers of America ("PhRMA")^{^[i]}recently

released a revised Code on Interactions with Healthcare Professionals (the "Code").

New Law Builds Employee Whistleblower Protections into Consumer Products

Fri, 15 Aug 2008 00:00:00 GMT

Consumer Product Safety Improvement Act is the Latest Big Concern for Consumer Products Companies

Whistleblowing gained new prominence six years ago, when the Sarbanes-Oxley reforms were introduced. For a variety of reasons, whistleblowing un...

California Supreme Court Expands Rights of Departing Employees to Solicit Former Employers' Customers

Fri, 08 Aug 2008 00:00:00 GMT

In Edwards v Arthur Andersen, LLP, (August 7, 2008), Case No. S147190, the California Supreme Court adopted an expansive interpretation of Business & Professions Code § 16600 ("§ 16600") and its prohibition against non-competitio...

EEOC Addresses Increasing Religious Discrimination Claims in the Workplace with Revised Guidance for Employers

Thu, 31 Jul 2008 00:00:00 GMT

Citing the increase of religious discrimination claims filed by employees against employers, the Equal Employment Opportunity Commission (EEOC) on July 22, 2008, issued new guidelines on religious discrimination that reaffirm an employer's obligation to rea...

NLRB General Counsel Issues Guidelines On Political Advocacy In The Workplace

Wed, 30 Jul 2008 00:00:00 GMT

On July 22, 2008, the Office of the General Counsel for the National Labor Relations Board ("NLRB" or the "Board) issued General Counsel Memorandum GC 08-10 to all of the NLRB's Regional Directors, Officers-in-Charge, and Resident Officers setting forth the General Counsel's guidelines concerning...

GAO Criticizes US Department of Labor Wage and Hour Unit's Investigations into FLSA Violations

Mon, 28 Jul 2008 00:00:00 GMT

On July 15, 2008, the Government Accountability Office (GAO) issued two reports criticizing the United States Department of Labor's Wage and Hour Division (WHD) for mishandling numerous overtime, final paycheck, and back-pay complaints. The GAO reports detailed how WHD employees often failed to t...

California Court Of Appeal Decision Could Signal The Beginning Of The End Of Meal And Rest Break Class Actions

Fri, 25 Jul 2008 00:00:00 GMT

In a significant victory for California employers, the California Court of Appeal for the Fourth Appellate District issued its much anticipated published opinion in Brinker Restaurant Corp. v. Superior Court (July 22, 2008), Case No. D049331, reversing the trial court's order certifying a ...

Immigration Alert: July 2008

Fri, 25 Jul 2008 00:00:00 GMT

New Form I-9

HRSA Proposes New Rulemaking for Designation of Medically Underserved Areas

Allison Engine's Positive Effects Upon False Claims Act Litigation in the Healthcare Industry

Wed, 16 Jul 2008 00:00:00 GMT

On June 9, 2008, the Supreme Court of the United States rendered its unanimous decision in Allison Engine Co. v. United States ex rel. Sanders, No. 07-214, 2008 U.S. LEXIS 4704, (S. Ct. June 9, 2008), strictly construing the language of the False Claims Act ("FCA") by holding that mere proof that...

New York Court Limits Scope of Health Care Whistleblower Law

Wed, 09 Jul 2008 00:00:00 GMT

In a decision of interest to employers in the health care industry, the New York Court of Appeals, in the case of Reddington v. Staten Island University Hospital and North Shore Long Island Jewish Health System, issued a ruling, on July 1, 2008, that sharply limits the class of employees p...

Connecticut Legislature Enacts Public Act Concerning The Protection Of Personal Information And Social Security Numbers

Wed, 02 Jul 2008 00:00:00 GMT

Under "An Act Concerning the Confidentiality of Social Security Numbers" (Public Act No. 08-167), which goes into effect October 1, 2008, Connecticut employers will be required to comply with specific guidelines to protect personal information and Social Security numbers in their possession. The ...

Pennsylvania Federal Court Dismisses State Overtime Claims From FLSA Collective Action

Mon, 30 Jun 2008 00:00:00 GMT

It is now a common practice for plaintiffs to bring parallel claims for overtime pay under the federal Fair Labor Standards Act and under state labor law. The federal law requires potential plaintiffs to join, or "opt-in," to the collective action for their claims to be considered. The accompanyi...

Americans With Disabilities Act Expansion Now Likely

Mon, 30 Jun 2008 00:00:00 GMT

Law Would Have Key Implications for Employers
The House of Representatives on June 25 passed the ADA Restoration Act of 2008 (H.R. 3195) by an overwhelming vote of 402-17. It is now quite possible that the Senate may consider and pass this bil...

Reductions in Force: The Supreme Court Escalates The Legal Risks

Thu, 26 Jun 2008 00:00:00 GMT

While economists debate whether the United States is in a recession, there is no doubt that business conditions have greatly deteriorated as a result of the subprime crisis, high oil prices, and increasing inflation. There also can be no doubt that as employers consider possible reductions in for...

New York State Court of Appeals Clarifies Scope of State Labor Law

Mon, 23 Jun 2008 00:00:00 GMT

In its much-anticipated decision in Pachter v. Bernard Hodes Group, Inc., the New York State Court of Appeals clarified that company executives are protected under the provision of the state's labor law that prohibits certain wage deductions and addresses when a commission becomes an earne...

Immigration Alert: June 2008

Tue, 17 Jun 2008 00:00:00 GMT

U.S. Department of Labor Announces Audit of All PERM Applications Filed by Major Immigration Law Firm and then Issues Attorney Guidance Bulletin
USCIS Resumes Limited Premium Processing o...

Merck Wins Partial Victory in Vioxx Litigation

Fri, 06 Jun 2008 00:00:00 GMT

NJ Appellate Division Reverses Punitive Damages Award, But Expands Exception to State PLA's Presumption of Adequacy

The New Jersey Appellate Division has reversed a jury award of punitive damages against pharmaceutical manufacturer Merck &...

Supreme Court Broadens Scope of Employment Retaliation Claims Under Civil Rights Act of 1866

Tue, 03 Jun 2008 00:00:00 GMT

In CBOCS West, Inc. v. Humphries, No. 06-1431, 553 U.S. _____ (May 27, 2008), the United States Supreme Court recognized that employees may bring retaliation claims under 42 U.S.C. §1981 ("Section 1981"), despite the fact that the statute makes no mention of such claims. The decision,...

ADEA Protects Federal Employees from Retaliation

Tue, 03 Jun 2008 00:00:00 GMT

Expanding employees' rights to sue for retaliation, the United States Supreme Court in Gomez-Perez v. Potter, No. 06-1321, 553 U.S. ____ (May 27, 2008), held that a federal employee who filed a charge of age discrimination under the Age Discrimination in Employment Act ("ADEA") may assert ...

Where "The Agony and the Ecstasy" Meets "Back to the Future": Proposed Modifications to the Stark Law Regulations Included in FY 2009 Hospital Inpatient Prospective Payment Rule

Sat, 31 May 2008 00:00:00 GMT

This EBG Client Alert is the third in a series prepared by EBG discussing major Stark Law regulatory issuances. See "The ‘Agony' and the ‘Ecstasy" Continues with Issuance of Final Phase III Stark Regulations" copyright 2007; see also "T...

Immigration Alert: May 2008

Fri, 30 May 2008 00:00:00 GMT

More on DHS's New F-1 OPT Regulations

CBP Now Accepting Applications for Global Entry Pilot Program

DOS Issues June 2008 Visa Bulletin: Indian and Chinese EB-2 Available

China Adopts More Stringent Business Visa Requirements

DO...

California Court of Appeal Holds Owners and Managers Are Not Individually Liable for Unpaid Wages

Thu, 29 May 2008 00:00:00 GMT

In Bradstreet v. Wong, A113760 (April 16, 2008), the California Court of Appeal limited the liability of individual owners, officers, and managers for a company's failure to pay wages and related penalties. The Court also found that individual defendants in the case could not be held perso...

D.C. Circuit Court Of Appeals Decision Raises Questions About The Duty Of Public Accommodations And Entities Receiving Federal Funds To Accommodate Persons With Disabilities

Wed, 28 May 2008 00:00:00 GMT

The United States Court of Appeals for the D.C. Circuit held on May 20, 2008, in American Council of the Blind v. Paulson, No. 07-5063, that the Treasury Department's failure to design and issue paper currency denominations that are readily distinguishable by the visually impaired violates...

Legislation to Ban Discrimination Based on Genetic Information Passed by Congress

Fri, 09 May 2008 00:00:00 GMT

On May 1, 2008, the House of Representatives, by a vote of 414-1, passed the Genetic Information Nondiscrimination Act ("GINA"), which prohibits discrimination on the basis of genetic information with respect to health insurance and employment. The Senate had previously approved the bill, with a ...

Paid Family Leave Becomes Law In New Jersey

Mon, 05 May 2008 00:00:00 GMT

On May 2, 2008, New Jersey became the third state (joining California and Washington) to enact a law providing employees with paid family leave benefits. The paid leave law amends the state's Temporary Disability Benefits statute to provide eligible workers with up to six weeks of temporary disab...

California Supreme Court Holds Individual Managers Cannot Be Held Liable for Retaliation

Fri, 02 May 2008 00:00:00 GMT

In Jones v. The Lodge at Torrey Pines Partnership, S151022 (March 4, 2008), the California Supreme Court resolved an issue that has been contested for many years, holding that individual managers are not personally liable for retaliation under the Fair Employment and Housing Act, Cal. Gov....

Immigration Alert: April 2008

Mon, 28 Apr 2008 00:00:00 GMT

Hector Chichoni Joins Epstein Becker & Green Miami Office

USCIS Runs Random Selection Process for H1-B Petitions

USCIS Announces "Cap Gap"...

California Superior Court Refuses to Provide Putative Class Members' Contact Information to the Plaintiff in a Wage-Hour Class Action Based on Privacy Forms Developed by EBG

Fri, 18 Apr 2008 00:00:00 GMT

In a proposed wage-hour class action pending before the Superior Court for Orange County, California, the Court denied the plaintiff's motion to compel names and contact information for all putative class members prior to a ruling on class certification. Bucking a trend by California courts to re...

OIG Publishes Open Letter To Health Care Providers Addressing Self-Disclosure

Wed, 16 Apr 2008 00:00:00 GMT

The OIG¹ published a new Open Letter to Health Care Providers on April 15, 2008, continuing its intermittent public discussion of the OIG's Provider Self-Disclosure Protocol ("SDP") and related topics.² Overall, the OIG's comments in its recent Open Letter are helpful ...

USCIS REACHES FY 2009 H-1B CAP

Fri, 11 Apr 2008 00:00:00 GMT

The U.S. Citizenship and Immigration Service ("USCIS") announced today that it has received enough H-1B petitions to meet the H-1B cap and to satisfy the 20,000 "advanced degree" exemption for fiscal year 2009. Before starting the random selection process, the USCIS must complete...

Special Immigration Alert: USCIS Issues Preliminary Count of FY 2009 H-1B Cap Filings

Fri, 11 Apr 2008 00:00:00 GMT

On April 10, 2008, the U.S. Citizenship and Immigration Services ("USCIS") announced its preliminary count of new H-1B petitions received against the FY 2009 quota. This quota allows 65,000 under the general H-1B category and 20,000 under U.S. advanced degree exemption. The USCIS reports receivin...

CMS Announced Dates for the Second Round of DMEPOS Competitive Bidding and Single Payment Amounts and Contract Offers for the First Round of DMEPOS Competitive Bidding

Fri, 11 Apr 2008 00:00:00 GMT

NOTE: Please see EBG Client Alert entitled "DMEPOS Update: Physicians and Certain Other Professionals Now Exempt from DMEPOS Accreditation Requirements and MIPPA Delays Competitive Bidding, Terminates Round 1 Contracts" to see the current status of the DMEPOS Competitive ...

Special Immigration Alert: USCIS Announces 17-Month Extension of Optional Practical Training For Certain Highly Skilled F-1 Foreign Students

Fri, 04 Apr 2008 00:00:00 GMT

On April 4, 2008, the U.S. Citizenship and Immigration Services ("USCIS") issued an Interim Final Rule (the "Rule") extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 nonimmigrant students. The extension will be available to F-1 students with a degree...

Special Immigration Alert: USCIS Announces Interim Final Rule on H-1B Visas

Fri, 21 Mar 2008 00:00:00 GMT

On March 19, 2008, the U.S. Citizenship and Immigration Services ("USCIS") issued an Interim Final Rule (the "Rule") that provides additional guidance regarding the filing of H-1B petitions for the 2009 quota.

Nevada Releases Compliance Packet For Drug And Device Manufacturers And Wholesalers

Tue, 18 Mar 2008 00:00:00 GMT

The Nevada State Board of Pharmacy ("Board") recently released the Compliance Packet for Manufacturers and Wholesalers of Drugs, Medicines, Chemicals, Devices or Appliances ("Compliance Packet"). The Compliance Packet was mailed to wholesalers licensed in the State, and made ...

Special Immigration Alert: Spring Breakers: Remember to Take Appropriate Travel Documents If You Travel Abroad

Mon, 17 Mar 2008 00:00:00 GMT

The U.S. Customs and Border Protection (CBP), the agency that inspects travelers seeking to enter the United States, is warning those who plan spring break trips to Canada, Mexico, Bermuda or the Caribbean to make sure th...

Immigration Alert: March 2008

Fri, 07 Mar 2008 00:00:00 GMT

New H-1B Petitions Must be Filed on March 31, 2008
Ninth Circuit Refuses to Enjoin Arizona's New Employer Sanctions Law
DHS Raises Civil F...

District of Columbia Enacts Mandatory Paid Sick Leave for All Employees

Thu, 06 Mar 2008 00:00:00 GMT

On March 4, 2008, the D.C. City Council unanimously passed the "Accrued Sick and Safe Leave Act of 2007," requiring employers in the District of Columbia to provide paid leave to employees. With paid sick leave now mandated in the District of Columbia, employers must take steps to ensure complian...

FDA Issues Draft Guidance for Industry: Good Reprint Practices for the Distribution of Medical Journal Articles and Medical or Scientific Reference Publications on Unapproved New Uses

Wed, 05 Mar 2008 00:00:00 GMT

On February 20, 2008, the U.S. Food and Drug Administration ("FDA") made available for comment draft guidance titled "Good Reprint Practices for the Distribution of Medical Journal Articles and Medical or Scientific Re...

Political Activity Restrictions For Tax-Exempt Organizations: Guidance For The 2008 Election Year

Mon, 03 Mar 2008 00:00:00 GMT

Over the past few years, tax-exempt organizations have come under increasing scrutiny with respect to many of their internal operations. State and federal regulators and concerned constituents have uncovered abusive transactions, which have included some very high-profile matters involving well-k...

Employee Invention Agreements Governed By Federal Law

Tue, 26 Feb 2008 00:00:00 GMT

On February 13, 2008, the United States Court of Appeals for the Federal Circuit held that the provisions of an employment agreement assigning an employee's rights in a patent to an employer should be decided by federal law, rather than state law. The decision in DDB Technologies L.L.C. v. MLB...

Anchors Away! Decision in World Yacht Sends ‘Service Charges' Sailing

Fri, 22 Feb 2008 00:00:00 GMT

In its recent decision in Samiento v. World Yacht, Inc., 2008 WL 382346 (Feb. 14, 2008), the New York Court of Appeals found that mandatory service charges, previously excluded from gratuity treatment pursuant to section 196-d of the New York Labor Law, may now be considered under the stat...

Second Circuit Holds That a Physician with Staff Privileges May Qualify as an Employee Under Title VII

Wed, 20 Feb 2008 00:00:00 GMT

The United States Court of Appeals for the Second Circuit has recently held that a physician with staff privileges at a hospital may qualify as an employee under Title VII of the Civil Rights Act of 1964 (Title VII) (Salamon v. Our Lady of Victory Hospital, 2d Cir., No. 06-1707, Jan. 16, 2...

New Jersey Enacts False Claims Act

Fri, 15 Feb 2008 00:00:00 GMT

New Jersey Enacts False Claims Act

On January 13, 2008, Governor Jon Corzine signed the New Jersey State False Claims Act ("NJFCA" or the "Act") into law. P.L. 2007, c. 265. The Act imposes liability on any person for, among other things, kno...

SPECIAL ALERT: Important Updates for DMEPOS Suppliers

Wed, 30 Jan 2008 00:00:00 GMT
NOTE: Please see EBG Client Alert entitled "DMEPOS Update: Physicians and Certain Other Professionals Now Exempt from DMEPOS Accreditation Requirements and MIPPA Delays Competitive Bidding, Terminates Round 1 Contracts" to see the current status of the DMEPOS Competitive Bid...

NJ Warn Act Enhances Protections Provided Under Federal Law

Tue, 29 Jan 2008 00:00:00 GMT

On December 20, 2007, New Jersey enacted the Millville Dallas Airmotive Plant Job Loss Notification Act ("NJ Warn Act"), which supplements protections provided under the federal Worker Adjustment and Retraining Notification Act (the WARN Act). New Jersey now joins several other states that...

Immigration Alert: January 2008

Tue, 29 Jan 2008 00:00:00 GMT

New H-1B Petitions Must be Filed on March 31, 2008
DHS Announces that New Document Requirements for U.S. Citizens Traveling I...

Expansion of the Family and Medical Leave Act for Families and Caregivers of Military Personnel

Mon, 28 Jan 2008 00:00:00 GMT

On January 23, after a month-long delay caused by a presidential veto of the legislation because of language relating to Iraqi assets, the updated fiscal year 2009 Defense Authorization bill (H.R. 4986) has been sent to the President for his signature. Section 585 of the bill will expand the Fami...

Turf Law' Held Unconstitutional

Tue, 22 Jan 2008 00:00:00 GMT

Recently, a federal court in the western district of Kentucky held that Kentucky regulations that prohibit out-of-state real estate brokers from assisting licensed Kentucky brokers with Kentucky real property transactions are unconstitutional, River Oaks Management, LLC v. Brown, 2007 WL 2...

The NLRB Giveth and the NLRB Taketh Away

Tue, 08 Jan 2008 00:00:00 GMT

NLRB Rules That Employees Have No Right To Use Employer E-Mail Systems For Union Organizing Or Mutual Aid And Protection;

But

Employers May Not Discriminate Against Such Communications

By Permitting Employees to E-Mail Similar ...

EEOC Provides Guidance On Employment Testing And Selection Procedures

Mon, 07 Jan 2008 00:00:00 GMT

Many employers use employment tests and selection procedures – including cognitive tests, personality tests, physical ability tests, credit checks and criminal background checks – to screen applicants for employment and employees for promotion. As such testing and selection procedures have...

Ninth Circuit Court Of Appeals: Supervisor's ‘Mom' Comment Not Direct Evidence Of Sex Discrimination

Fri, 04 Jan 2008 00:00:00 GMT

In recent years, many states and the federal Equal Employment Opportunity Commission have seen a rise in bias claims brought by primary childcare givers, bringing new attention to issues faced by female employees in the workplace. While long hours and few accommodations often pose problems for bo...

Change In New York State Law Dramatically Expands Businesses' Obligations To Customers, Patrons And Patients With Disabilities

Wed, 02 Jan 2008 00:00:00 GMT

Effective January 1, 2008, an amendment to the New York Human Rights Law ("NYHRL") will significantly expand a public accommodation's obligations to persons with disabilities. Public accommodations include an array of private businesses that open their doors to the public, such as hotels, retail ...

Immigration Alert: December 2007

Fri, 28 Dec 2007 00:00:00 GMT

I. Reminder to International Travelers: New Document Requirements Begin on January 31, 2008

U.S. Customs and Border Protection (CBP) officers currently accept oral affirmations of citizenship from U.S. and Canadian citizens seeking entry into the United States through land or sea p...

Maryland Court Holds Employers Must Pay Terminated Employees For Accrued Leave

Thu, 06 Dec 2007 00:00:00 GMT

The Maryland Court of Special Appeals, in a recent unpublished decision, held that employers must pay terminated employees for accrued but unused leave, even where a company policy specifically provides otherwise. This represents a significant departure from the prior understanding in Mary...

SEC Amends Rules On Stock Resales, Smaller Company Disclosures And Stock Options

Wed, 28 Nov 2007 00:00:00 GMT

The U.S. Securities and Exchange Commission approved significant changes this month aimed at updating and improving certain methods of raising capital and various disclosure and reporting requirements for smaller companies. Specifically, the SEC approved amendments to Rules 144 and 145 under the ...

Special Immigration Alert: Employers Must Transition to Revised Form I-9 by December 26, 2007

Tue, 27 Nov 2007 00:00:00 GMT

The U.S. Citizenship and Immigration Service ("USCIS") announced today that all employers must use the revised Form I-9 (Rev. 06/05/07) no later than December 26, 2007. Previously, on November 7, 2007, the USCIS announced that the revised Form I-9 currently is the only version valid for use. Toda...

Immigration Alert: November 2007

Fri, 16 Nov 2007 00:00:00 GMT

USCIS Expands Instructions Regarding the Revised Form I-9

Arizona Implements New State Law on Undocumented Aliens ...

House Of Representatives Approves Landmark Sexual Orientation Discrimination Bill

Tue, 13 Nov 2007 00:00:00 GMT

After more than 30 years of proposals in various forms, the United States House of Representatives has passed the Employment Non-Discrimination Act of 2007 ("ENDA"), which would prohibit employment discrimination on the basis of sexual orientation.

The bill, which was introduced by Rep. B...

Special Immigration Alert: USCIS Releases New Version of Form I-9 and M-274

Thu, 08 Nov 2007 00:00:00 GMT

The United States citizenship and Immigration Services ("USCIS") announced late yesterday that it finally has released the new version of the Form I-9, Employment Eligibility Verification, and updated the companion M-274, Handbook for Employers, Instructions for Compl...

USCIS Relaxes Travel Documentation Requirements for H and L Nonimmigrants With Pending (I-485) Permanent Residence Applications

Thu, 01 Nov 2007 00:00:00 GMT
U.S. Citizenship and Immigration Services ("USCIS") just published a final rule that allows H and L nonimmigrants with pending permanent residence applications to travel internationally as long as they have a valid H or L visa in their passport.

Historically, USCIS rules hav...

Toering Electric: NLRB Holds Job Seekers Need ‘Genuine Interest' in Employment For Protection Under National Labor Relations Act

Thu, 01 Nov 2007 00:00:00 GMT

In a significant policy change, the National Labor Relations Board ("Board") recently announced that it will only extend the National Labor Relations Act's ("Act") protections to union job applicants who are "genuinely interested" in obtaining employment. The Board held in Toering Electric Com...

The "Agony" and the "Ecstasy" Continues With Issuance of Final Phase III Stark Regulations

Wed, 31 Oct 2007 00:00:00 GMT

Court Again Extends Order That Enjoins Government from Implementing Social Security "No-Match" Rule

Mon, 22 Oct 2007 00:00:00 GMT

On October 10, 2007, the United States District Court for the Northern District of California issued an order granting the motions by the American Federation of Labor and other organizations for a preliminary injunction barring the Department of Homeland Security ("DHS") from implementing its fin...

Important Amendments Reshape Key NY Labor and Employment Laws

Mon, 22 Oct 2007 00:00:00 GMT

Several important amendments to the New York State labor and employment laws warrant notice from employers. These amendments include: (1) a requirement of a written agreement with certain employees whose earnings are based on commissions; (2) a change in the wage threshold for coverage of employe...

Special Immigration Alert: Court Again Extends Order That Enjoins Government from Implementing Social Security "No-Match" Rule

Mon, 15 Oct 2007 00:00:00 GMT

On October 10, 2007, the United States District Court for the Northern District of California issued an order granting the motions by the American Federation of Labor and other organizations for a preliminary injunction barring the Department of Homeland Security ("DHS") from implementing its fin...

Impending Deadline for Compliance with Internal Revenue Code Section 409A

Mon, 08 Oct 2007 00:00:00 GMT

The year-end deadline for compliance with the Treasury Regulations under Section 409A of the Internal Revenue Code is approaching, and all companies with deferred compensation plans should be aware of this upcoming deadline.
These Regulations establish a deadline of December 31, 2007 for de...

NLRB Decision Permits Representation Elections After 'Card Check' Recognition

Fri, 05 Oct 2007 00:00:00 GMT

On September 29, 2007, the National Labor Relations Board ("NLRB" or the "Board") issued its long-awaited decision in Dana Corp., 351 NLRB No. 28 (2007), holding that the Board's long-standing recognition-bar doctrine would no longer immediately and irrebuttably apply to an employer's reco...

Special Immigration Alert: Court Extends Order That Enjoins Government from Implementing Social Security "No-Match" Rule

Fri, 05 Oct 2007 00:00:00 GMT

Following the preliminary injunction hearing on October 1, 2007, the United States District Court for the Northern District of California extended for 10 days the order that temporarily enjoined the government from putting into operation the August 15, 2007 Dep...

China to Allow Employees to Bring Discrimination Suits Against Employers

Fri, 05 Oct 2007 00:00:00 GMT

Employers in China take note: China has approved a new law that for the first time clearly grants Chinese job-seekers and employees the right to sue employers for employment discrimination in China's People's Courts.

While the definition of employment discrimination and the remedies to r...

Special Immigration Alert: 2009 Diversity Lottery begins October 3, 2007!

Mon, 01 Oct 2007 00:00:00 GMT

The 2009 Diversity Lottery begins noon, October 3rd, 2007 and ends noon, December 2, 2007. Applications must be made on-line and applicants are strongly encouraged not to wait until the last week of the registration period to enter. You may access the electronic Diversity Visa entry...

SPECIAL ALERT: Major Amendments Proposed to the Federal False Claims Act to Strengthen The Rights and Expand the Potential Recoveries for Private Parties ("Whistleblowers") and the Federal Government

Fri, 28 Sep 2007 00:00:00 GMT

Major Amendments Proposed to the Federal False Claims Act to Strengthen The Rights and Expand the Potential Recoveries for Private Parties ("Whistleblowers") and the Federal Government

On September 12, 2007, Senators Charles Grassley (R-IA) a...

A Change In Illinois Law Allows Jury Trials in Discrimination Claims

Wed, 26 Sep 2007 00:00:00 GMT

Recent amendments to the Illinois Human Rights Act will soon allow employees the right to take their employment discrimination claims to state court and demand a jury trial. Until this recent change in the law, employees had no access to state trial courts.
Under the current law, an employ...

Governor Spitzer of New York Signs Executive Order to Prevent Employee Misclassification

Tue, 25 Sep 2007 00:00:00 GMT

New York Governor Eliot Spitzer recently announced a new Executive Order creating a Joint Enforcement Task Force to address the issue of employee misclassification, which occurs when an employer, at hiring, improperly classifies a worker as an independent contractor rather than an employee. The t...

New York Enacts New Law For Nursing Mothers in the Workplace

Mon, 24 Sep 2007 00:00:00 GMT

Effective immediately, New York State has enacted a new law that grants additional rights for nursing mothers in the workplace. In doing so, New York has joined a number of other states that provide accommodations for nursing mothers in the workplace. These states include California, Connecticut,...

Special Immigration Alert: New DHS Rule

Wed, 05 Sep 2007 00:00:00 GMT

A federal district court judge in the Northern District of California has temporarily enjoined the August 15, 2007 rule issued by the Department of Homeland Security ("DHS") that defined a "Safe Harbor" protocol for employers who receive "No-Match" letters from either the DHS or the Social Securi...

Immigration Alert: August 2007

Fri, 31 Aug 2007 00:00:00 GMT

Diversity Visa Lottery 2009; DHS Issues "Safe Harbor" Rules for Employers Receiving "No-Match" letters; USCIS May Require New "Green Cards"; Arizona Adopts Nation's Strictest Workplace Law; DOL Clarifies the PERM Pa...

California Supreme Court Decision May Jeopardize Enforceability of Employment Arbitration Agreements

Fri, 31 Aug 2007 00:00:00 GMT

In Gentry v. Circuit City Stores, Inc., No. S141502 (Aug. 30, 2007), the California Supreme Court issued its eagerly anticipated decision addressing the enforceability of class action arbitration waivers in employment arbitration agreements.

For those who were hoping the decision ...

California Supreme Court Approves Incentive Pay Plans That Include Calculations for Workers' Compensation Costs

Wed, 29 Aug 2007 00:00:00 GMT

Court Issues Unexpected, Employer-friendly Decision

In Prachasaisoradej v. Ralphs Grocery Company, Inc., No. S128576, the California Supreme Court granted an unexpected victory to employers who do business in the state and who wish to ...

Significant Considerations for Pharmaceutical Manufacturers from Proposed Regulations for Medicare Part D Prescription Drug Plans

Thu, 16 Aug 2007 00:00:00 GMT

Pharmaceutical manufacturers with products covered under Part D of the Medicare Program need to be aware of the potential impact of recently proposed regulations for Part D Plans. The proposed regulations were published by the Centers for Medicare & Medicaid Services ("CMS") in the Federal Re...

Special Immigration Alert: DHS Issues Final Rule Defining Safe Harbor Procedures for Employers Receiving “No-Match” Letters

Thu, 16 Aug 2007 00:00:00 GMT

Today, the Department of Homeland Security ("DHS") issued its long-awaited final rule governing the best practices for responding to "No-Match" letters. This follows the DHS proposed rule that was published in June 2007. The DHS rule will become effective on September 14, 2007. Those of you that ...

China Adopts Landmark Labor Contract Law

Fri, 10 Aug 2007 00:00:00 GMT

China has approved a new law that will bring the largest overhaul to labor and employment law in more than a decade, and tips the balance of power from employers to unions and employees. The landmark legislation, which takes effect on January 1, 2008, is expected to have a massive impact across t...

California Court of Appeal Decision May Increase ‘Bounty Hunter' Representative Lawsuits

Thu, 02 Aug 2007 00:00:00 GMT

In Arias v. Superior Court of San Joaquin County (Angelo Dairy), No. C054185 (July 24, 2007), the California Court of Appeal for the Third Appellate District concluded that representative actions for alleged Labor Code violations brought under California's Private Attorneys General Act ("P...

Immigration Alert: July 2007

Wed, 01 Aug 2007 00:00:00 GMT

USCIS Reinstates Original July 2007 Visa Bulletin!

USCIS Announces Extension of Temporarily Suspended I-140 Premium Processing Service

J-1 Visa Trainee and Intern Category Changes

Immigration Enforcement in the News
_________...

California Harassment Training Regulations Approved

Wed, 01 Aug 2007 00:00:00 GMT

After considerable delay, the California Fair Employment and Housing Commission's ("FEHC") Sexual Harassment Training & Education Regulations were approved on July 18, 2007, by the Office of Administrative Law and will become effective on August 17, 2007.
The final regulations clarify ...

New Jersey Supreme Court Affirms Extending Whistleblower Protections To Independent Contractors

Fri, 27 Jul 2007 00:00:00 GMT

On July 25, 2007, the New Jersey Supreme Court affirmed, but modified, an earlier Appellate Division decision holding that the definition of "employee" in the Conscientious Employee Protection Act (CEPA) hinges on an employer's "control and direction" of the worker. Further, the Supreme Court fou...

SPECIAL ALERT: CMS Issues Final Rule Relating to Medicaid Payments For Outpatient Prescription Drugs

Sun, 22 Jul 2007 00:00:00 GMT

Special Immigration Alert: USCIS Reinstates Original July 2007 Visa Bulletin!

Wed, 18 Jul 2007 00:00:00 GMT

The U.S. Citizenship and Immigration Services (“USCIS”) announced on July 17, 2007 that it will immediately accept employment-based permanent residence applications (Form I-485) from foreign nationals whose priority dates were current under the initial July 2007 Visa ...

SPECIAL ALERT: CMS Announces Revisions to Clinical Trial Policy

Wed, 18 Jul 2007 00:00:00 GMT

On Monday, July 9, 2007, the Centers for Medicare & Medicaid Services ("CMS") published a final Decision Memorandum that amends its Clinical Trials Policy ("CTP") on Medicare coverage for items and services provided to Medicare beneficiaries when they participate in clinical research studies....

Special Immigration Alert: July 2007 Visa Bulletin

Tue, 17 Jul 2007 00:00:00 GMT

It appears likely that the government will issue a statement today regarding the USCIS’s refusal to accept employment-based adjustment of status filings due to the revised July 2007 Visa Bulletin. There are many rumors about whether there will be a negotiated solution and, if so, what the substan...

US Department of Labor Issues Revised Minimum Wage Poster in Connection with Recent Wage Increase

Mon, 16 Jul 2007 00:00:00 GMT

Earlier this year, Congress announced that, over the course of the next two years, the federal minimum wage will increase from $5.15 an hour to $7.25 an hour. This marks the first increase in the federal minimum wage in almost a decade. The increase will be implemented in three stages. Specifical...

SPECIAL ALERT: Registration and Bidding Period for First Round of the DMEPOS Competitive Bidding Program Extended: Bids Due by July 20, 2007

Tue, 03 Jul 2007 00:00:00 GMT

On June 29, 2007, following requests from suppliers and others to modify the bidding deadline, CMS announced the following changes to the bid and registration deadlines for the first round of the DMEPOS competitive bidding:

The original due date for bids was 9:00 p.m. prevailing Ea...

Special Immigration Alert: July Visa Unavailability

Mon, 02 Jul 2007 00:00:00 GMT

The USCIS just announced that it will reject all permanent residence applications (Form I-485) filed by aliens whose priority dates are not current under the revised July 2007 Visa Bulletin.

This is based on an announcement that the Department of State made earlier today that it has issue...

Immigration Alert: June 2007

Fri, 29 Jun 2007 00:00:00 GMT

Elise Healy and Leigh Ganchan Appointed to AILA National Liaison Committees

July 2007 Priority Dates will be Current for Most Employment-Based Categories

USCIS Temporarily Suspends P...

Special Immigration Alert: USCIS Announces the Temporary Suspension of Premium Processing Service for Form I-140 Petitions

Thu, 28 Jun 2007 00:00:00 GMT

June 28, 2007, the USCIS announced that it was temporarily suspending the Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker. According to the USCIS, it expects high volume of these applications in July due to the fact that the visa bulletin will be current and it is c...

NJ Supreme Court Limits Reach of State Discrimination Law

Thu, 21 Jun 2007 00:00:00 GMT

In a decision that offers important guidelines to New Jersey employers regarding their obligation to accommodate employees who become disabled, the New Jersey Supreme Court on June 12, 2007, held that an employee must possess the occupational qualifications for the job to trigger an employer's ob...

Supreme Court Exempts Home Health Aide Workers From Federal Overtime Regulations

Thu, 14 Jun 2007 00:00:00 GMT

On June 11, 2007, in Long Island Care at Home, Ltd. v. Coke, No. 06-593, 551 U.S.___ (2007), the Supreme Court, in a 9-0 decision, rejected the overtime claims of a home health aide worker, Evelyn Coke, against her former employer of 20 years, Long Island...

Immigration Alert: DHS Temporarily Relaxes U.S. Passport Requirements

Sun, 10 Jun 2007 00:00:00 GMT

On Friday, June 8, 2007, the Departments of State ("DOS") and Homeland Security ("DHS") announced the temporary relaxation of the U.S. passport requirements that apply to U.S. citizens seeking to travel within the Western Hemisphere through September 30, 2007.

The relaxation ste...

N.J. Court Extends Reach of Spill Act For Loss Of Use Of Natural Resources

Fri, 08 Jun 2007 00:00:00 GMT

On June 6, 2007, the New Jersey Appellate Division held that a company may be strictly liable under the New Jersey Spill Compensation and Control Act (Spill Act), for damages for the loss of use of natural resources adversely affected by the entity's discharge of hazardous substances. (De...

In Ledbetter, Supreme Court Limits Discriminatory Pay Claims

Thu, 31 May 2007 00:00:00 GMT

On May 29, 2007, the United States Supreme Court held that an employee who files a discriminatory pay charge under Title VII of the 1964 Civil Rights Act must file within 180 or 300 days, depending on the state, of the initial pay decision or else be forever barred (Ledbetter v. Goodyear Tire ...

Immigration Alert: May 2007

Thu, 24 May 2007 00:00:00 GMT

US DOL Publishes Final Rule Eliminating Substitution
USCIS Stops Premium Processing on I-140s Seeking Substitution
USCIS Expands filing period for O/P Petitions
USCIS Announces that H-1B Cap is Reached
Senate Considers Comprehensive Immigration Reform

________________...

Immigration Alert: DOL Rule Prohibits Substitution/USCIS Temporarily Stops Premium Processing for I-140's

Fri, 18 May 2007 00:00:00 GMT

On May 17, 2007, the U.S. Department of Labor ("DOL") issued its final rule prohibiting the substitution of foreign nationals in labor certifications as of July 16, 2007, the effective date of the rule. Also on that day, the U.S. Citizenship and Immigration Ser...

N.J. Amends Family Leave Act Regulations To Align With Federal Law

Fri, 04 May 2007 00:00:00 GMT
The New Jersey Division on Civil Rights ("Division") amended the regulations interpreting and implementing the New Jersey Family Leave Act ("NJFLA"), N.J.S.A. 34:11B-1 et seq., on March 5, 2007. Although significant differences remain between the two laws, these changes should simplify administratio...

USCIS Nears H-1B Master's Cap

Wed, 25 Apr 2007 00:00:00 GMT

The USCIS just reported that, as of April 21, 2007, it has received 18,649 H-1B petitions that count against the 20,000 quota for applicants with master's degrees from American universities. Employers who seek to take advantage of the remaining 1,351 quota slot...

CMS Publishes Proposed Revisions to Clinical Trial Coverage Policy

Tue, 24 Apr 2007 00:00:00 GMT

On April 10, 2007, the Centers for Medicare and Medicaid Services published its proposed revision to the current National Coverage Determination for costs associated with clinical trials, which was initially published in 2000 and appears in Section 310.1 of the Medicare National Coverage Determin...

ALERT: California Supreme Court Issues Important Wage-and-Hour Class Action Decision Expanding Recovery for Employees

Wed, 18 Apr 2007 00:00:00 GMT

In a decision issued April 16, 2007, the California Supreme Court has greatly expanded the amount of money that employees can recover in California if they have not been given proper "meal breaks" and "rest breaks" on the job. Murphy v. Kenneth Cole Productions, Inc., ____ Cal. 4^th

ALERT: Supreme Court Rules Against Relator in Rockwell International Qui Tam Case

Fri, 13 Apr 2007 00:00:00 GMT

On March 27th, 2007, in Rockwell International v. United States ex. rel. Stone, the Supreme Court provided helpful clarification to the “original source” requirement and held that 1) where there is a False Claims Act qui tam suit based on publicly disclosed allegations, the requirement...

Immigration Alert: USCIS Imposes Conditions on Availability of Premium Processing for H-1B Petitions Subject to the FY-2008 Cap

Wed, 11 Apr 2007 00:00:00 GMT

On April 9, 2007, the U.S. Citizenship and Immigration Services (“USCIS”) announced that the fifteen day premium processing period for petitions subject to the fiscal year 2008 (FY 2008) H-1B cap will commence only after the computer-generated random lottery has selected the petitions for process...

ALERT: New York Court Rules That Absolute Privilege Applies To Statements Made on Forms U-5

Mon, 09 Apr 2007 00:00:00 GMT

The New York Court of Appeals, on March 29, 2007, issued a decision that clarifies an important area of New York law, holding that an employer's statements on a Uniform Termination Notice for Securities Industry Registration, also known as Form U-5, are protected by an absolute privilege i...

Immigration H-1B Alert: Quota Reached On First Day Petitions Accepted for FY 2008

Tue, 03 Apr 2007 00:00:00 GMT

ALERT: DC Circuit Court Of Appeals Strikes Down Employer’s Confidentiality Rule

Tue, 27 Mar 2007 00:00:00 GMT

ALERT: New Jersey Court Requires Plaintiff to Use Employer’s Anti-Harassment Complaint Policy as Condition of Recovery

Mon, 26 Mar 2007 00:00:00 GMT

Immigration Alert: March 2007

Wed, 07 Mar 2007 00:00:00 GMT

N.J. District Court: Statistical Evidence is Insufficient for Certifying Class Action

Fri, 02 Mar 2007 00:00:00 GMT

What Must Entities Really Do To Comply With The Deficit Reduction Act Requirements For Making Available Information On Federal and State False Claims Act Provisions?

Thu, 01 Mar 2007 00:00:00 GMT

The Deficit Reduction Act of 2005 (the "DRA"), signed into law February 8, 2006, contained a number of provisions intended to bolster Medicaid fraud and abuse enforcement. These new provisions mean that there is likely to be an increase in fraud enforcement activities at the state level ag...

ALERT: 401(K) Expense Charges Under Attack in Class Actions

Thu, 22 Feb 2007 00:00:00 GMT

ALERT: Ninth Circuit Upholds Certification of Nationwide Class of More Than 1.5 Million Female Employees in Sex Discrimination Case

Thu, 08 Feb 2007 00:00:00 GMT

ALERT: Second Circuit Reverses Preemption Ruling, Remanding New York’s Labor Neutrality Law for Further Proceedings

Wed, 31 Jan 2007 00:00:00 GMT

ALERT: Third Circuit Lowers Threshold for Establishing Prima Facie Case Under Title VII

Fri, 19 Jan 2007 00:00:00 GMT

Immigration Alert: January 2007

Fri, 19 Jan 2007 00:00:00 GMT

Immigration Alert: December 2006

Thu, 14 Dec 2006 00:00:00 GMT

ALERT: U.S. Attorney General Rolls Back Memo on Waiver of Attorney-Client Privilege

Thu, 14 Dec 2006 00:00:00 GMT

ALERT: Finally! The California Fair Employment and Housing Commission Issues Final Harassment Training Regulations

Wed, 06 Dec 2006 00:00:00 GMT

ALERT: Proposed Readoption with Amendment of Regulations to the New Jersey Family Leave Act

Tue, 05 Dec 2006 00:00:00 GMT

ALERT: San Francisco Becomes First to Require Private Employers to Provide Paid Sick Leave

Thu, 30 Nov 2006 00:00:00 GMT

ALERT: New Jersey Extends Equal Rights to Same-Sex Couples

Wed, 15 Nov 2006 00:00:00 GMT

Immigration Alert: November 2006

Tue, 14 Nov 2006 00:00:00 GMT

CMS Proposed Rule on Medicare Part D Data: Proposed Rule Would Make Data Available for a Variety of Purposes; Comments Requested --Comments Due December 18, 2006

Tue, 07 Nov 2006 00:00:00 GMT

Jury Awards Individual Plaintiff $15.5 Million for Retaliation and Defamation Claims

Thu, 26 Oct 2006 00:00:00 GMT

Court Deals Setback to VA Attempt to Obtain Drug Refunds

Fri, 29 Sep 2006 00:00:00 GMT

In its decision dated September 11, 2006, the United States Court of Appeals for the Federal Circuit (“CAFC”) set aside the Dear Manufacturer letter implementing a new TRICARE retail pharmacy network refund system and remanded the matter to the Department of Veterans Affairs (“VA”) for compliance...

Immigration Alert: September 28, 2006

Thu, 28 Sep 2006 00:00:00 GMT

SPECIAL ALERT: Physicians Have Limited Time to Restructure or Divest Financial Interests in Nuclear Medicine Service and Supply Entities Before Stark Law Changes Take Effect in 2007

Thu, 21 Sep 2006 00:00:00 GMT

In 2005, the Centers for Medicare and Medicaid Services (CMS) issued a final rule that revised the Medicare Part B Fee Schedule for 2007. 70 Fed. Reg. 70330 (Nov. 21, 2005) (Final Rule). Among its revisions, the Final Rule expanded the scope of the physician self-referral provisions of Section 18...

Immigration Alert

Thu, 24 Aug 2006 00:00:00 GMT

ALERT: New Jersey Supreme Court Adopts Fact-Based Inquiry for Determining Who is an “Employee” Entitled to Sue under State Whistle Blower Law

Tue, 25 Jul 2006 00:00:00 GMT

ALERT: OFCCP Publishes Final Interpretive Standards for Investigating Systemic Compensation Discrimination and Guidelines for Voluntary Self-Evaluation of Compensation Practices by Contractors

Tue, 11 Jul 2006 00:00:00 GMT

ALERT: The Administrative Review Board Speaks On "Covered Employers" And "Protected Activity" Under Sarbanes-Oxley - The Interpretive Process Advances

Tue, 11 Jul 2006 00:00:00 GMT

ALERT: Eighth Circuit Holds That a Physician with Staff Privileges Does Not Qualify as an Employee Under the Americans with Disabilities Act or the Rehabilitation Act

Wed, 05 Jul 2006 00:00:00 GMT

ALERT: New York Federal Court Finds Hospital Liable for Overtime Compensation as a Joint Employer of a Nurse Who Worked for Several Nursing Agencies

Mon, 03 Jul 2006 00:00:00 GMT

ALERT: Diversity in the Finance Industry

Wed, 28 Jun 2006 00:00:00 GMT

ALERT: Supreme Court Decision Results in Significant Change for Retaliation Cases

Fri, 23 Jun 2006 00:00:00 GMT

ALERT: NLRB Issues Split Decision Finding Non-Union Employer’s Mandatory Arbitration Policy Unlawful

Fri, 23 Jun 2006 00:00:00 GMT

CLIENT ALERT: Appellate Division Strengthens The Burdens A Plaintiff Must Meet To Establish A Prima Facie Case Of Age Discrimination Under The New JerseyLaw Against Discrimination

Mon, 05 Jun 2006 00:00:00 GMT

CLIENT ALERT: California Supreme Court Issues Ruling In Friends Sexual Harassment Case

Mon, 05 Jun 2006 00:00:00 GMT

Immigration Alert: May 25, 2006

Thu, 25 May 2006 00:00:00 GMT

CLIENT ALERT: New NLRB Memoranda Call for Increased Protection of Worker Rights in First Contract Bargaining Cases and for Expedited Section 10(J) Injunctive Relief Hearings

Wed, 24 May 2006 00:00:00 GMT

Immigration Alert: May 18, 2006

Thu, 18 May 2006 00:00:00 GMT

CLIENT ALERT: The Continued Employer Predicament: A Divided Court Looks at Preliminary Orders of Reinstatement under Sarbanes-Oxley

Tue, 09 May 2006 00:00:00 GMT

CLIENT ALERT: An Employer Predicament: Preliminary Orders of Reinstatement Under the Sarbanes-Oxley Act of 2002

Tue, 02 May 2006 00:00:00 GMT

CLIENT ALERT: Third Circuit Holds That a Plaintiff Need Not Discredit Every Reason for Termination to Sustain an ADEA Claim

Mon, 01 May 2006 00:00:00 GMT

CLIENT ALERT: DOL Extends Deadline for LM-10 Reporting

Thu, 16 Mar 2006 00:00:00 GMT

CLIENT ALERT: New Jersey Court Extends Whistleblower Statute to Protect Independent Contractors

Mon, 06 Mar 2006 00:00:00 GMT

CLIENT ALERT: New Jersey Appellate Court Holds That an Employer That Suspects an Employee Is Accessing Child Pornography Web Sites Has a Duty to Take Action

Mon, 27 Feb 2006 00:00:00 GMT

SPECIAL ALERT: Changes to Medicaid Prescription Drug Provisions Under Title VI of the Deficit Reduction Act of 2005

Thu, 23 Feb 2006 00:00:00 GMT

On February 8, 2006, President George W. Bush signed into law the Deficit Reduction Act of 2005 ("DRA" or the "Act"), codified at Public Law 109-171. Each year Congress enacts a law to constrain overall federal spending and to distribute the spending constraint among groups of programs. The DRA e...

IMMIGRATION ALERT: DOS on Immigrant Visa Numbers; DOL/DHS Propose Rules Barring Alien Substitutions; Bush Proposes Changes to Immigration laws; Revised BRC Schedule; DOL $2.74 Million Fine against H-1B Employer

Tue, 21 Feb 2006 00:00:00 GMT

CLIENT ALERT: Accounting Standard EITF 00-19 Now Top Priority for the SEC

Tue, 07 Feb 2006 00:00:00 GMT

CLIENT ALERT: New DOL Enforcement Initiative on LM-10 Reporting Aimed at a Broad Class of Employers

Mon, 06 Feb 2006 00:00:00 GMT

CLIENT ALERT: SEC Offers Incentives for Companies to File Financial Reports with Interactive Data

Thu, 26 Jan 2006 00:00:00 GMT

CLIENT ALERT: New Jersey Whistleblower Law Amended to Enhance Scope and Strengthen Enforcement Provisions

Wed, 25 Jan 2006 00:00:00 GMT

CLIENT ALERT: DOL Issues Final USERRA Regulations

Fri, 23 Dec 2005 00:00:00 GMT

SPECIAL ALERT: OIG Publishes Draft Compliance Guidance for Recipients of PHS Research Awards

Mon, 19 Dec 2005 00:00:00 GMT

SPECIAL ALERT: IRS to Investigate Hospital Compliance with Community Benefit Standard and Compensation Practices

Thu, 17 Nov 2005 00:00:00 GMT

CLIENT ALERT: OFCCP Issues Final Rule on Definition of Internet Job Applicants

Fri, 04 Nov 2005 00:00:00 GMT

CLIENT ALERT: Recent Sarbanes-Oxley Whistleblower Cases Limit Employers Covered by SOX and Strictly Construe the Statute of Limitations for Filing Complaints

Fri, 28 Oct 2005 00:00:00 GMT

SPECIAL ALERT: Hospitals at Risk for Post Merger Conduct: FTC ALJ Orders Dissolution of Evanston, Illinois Hospital Merger

Fri, 28 Oct 2005 00:00:00 GMT

CLIENT ALERT: Releases of Age Discrimination Claims Under Judicial Attack

Tue, 25 Oct 2005 00:00:00 GMT

CLIENT ALERT: Code Section 409A Proposed Regulations

Mon, 24 Oct 2005 00:00:00 GMT

SPECIAL IMMIGRATION ALERT: Diversity Visa Lottery 2007; USCIS Reports the Current Cap Count for H-1B Visas; GAO Says DHS Devoted Little Resources to Workforce Enforcement of Immigrant Laws

Fri, 30 Sep 2005 00:00:00 GMT

CLIENT ALERT: Human Resources Hurricane Recovery Guide

Tue, 27 Sep 2005 00:00:00 GMT

See right to download the full alert in PDF format.

ALERT: Hospital’s Need for Proper Staffing Overrides Arbitrator’s Decision

Mon, 26 Sep 2005 00:00:00 GMT

Immigration Alert: USCIS Reaches FY 2006; DOS Announces Severe Visa Regressions; DOS Implements E-3 Category; DOS Implements Online System to Check Passport Applications; DOL Reports On Backlog Reduction Efforts

Wed, 21 Sep 2005 00:00:00 GMT

ALERT: New Jersey Supreme Court Upholds Employer’s Gender Neutral Medical Leave Policy as Nondiscriminatory Against Terminated Pregnant Employee

Thu, 25 Aug 2005 00:00:00 GMT

ALERT: Illinois Employers Now Have Leave Obligations for Military Families and Blood Donors

Thu, 25 Aug 2005 00:00:00 GMT

SPECIAL ALERT: Fitch Report Recommends Not-For-Profit Hospitals Adopt Certain Sarbanes Oxley Provisions and Other Measures to Support Credit Ratings

Wed, 24 Aug 2005 00:00:00 GMT

ALERT: The United States Court of Appeals for the Eighth Circuit Rules Arkansas Any-Willing-Provider Law Cannot Not Apply to Self-Funded ERISA Benefit Plans

Tue, 23 Aug 2005 00:00:00 GMT

SPECIAL ALERT: The Center for Medicare and Medicaid Services ("CMS") Proposes to Make Nuclear Medicine and PET Scans Subject to Stark Prohibition

Mon, 15 Aug 2005 00:00:00 GMT

Immigration Alert: USCIS Reports on H Quota Numbers; DOS: Progress on E-3 Nonimmigrant Category; Passport Requirements; DOL: Problems with PERM; PERM Impacts Employers; and Recent Decisions

Mon, 08 Aug 2005 00:00:00 GMT

SPECIAL ALERT: Supreme Court Clarifies, and Seems to Weaken, Patent Rights in Pharmaceutical Compounds

Thu, 04 Aug 2005 00:00:00 GMT

ALERT: The Fourth Circuit Holds That Employees Cannot Waive Family and Medical Leave Act Rights Without Prior Department of Labor or Court Approval

Thu, 04 Aug 2005 00:00:00 GMT

ALERT: Employment Reference Can Lead to Liability

Wed, 27 Jul 2005 00:00:00 GMT

ALERT: The California Supreme Court Holds That “Favoritism” Supports Claim For Sexual Harassment

Wed, 27 Jul 2005 00:00:00 GMT

ALERT: Supreme Court Expands the Scope of ADA Coverage to Foreign-Flagged Cruise Ships Sailing in U.S. Waters and ...

Thu, 09 Jun 2005 00:00:00 GMT

ALERT: Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

Fri, 27 May 2005 00:00:00 GMT

Foreign Nationals Must Present Machine-Readable Passports to Use Visa Waivers; President Bush Signs "2005 Appropriations Act"

Fri, 20 May 2005 00:00:00 GMT

New York's Highest Court Rules Violation of Prohibition Against Corporate Practice of Medicine Makes Medical Provider Ineligible for 'No Fault' Insurance Reimbursement

Tue, 19 Apr 2005 00:00:00 GMT

Special Immigration Alert: April 2005

Wed, 06 Apr 2005 00:00:00 GMT

Client Alert: United States Supreme Court Recognizes Disparate Impact Claims Under the ADEA

Mon, 04 Apr 2005 00:00:00 GMT

Special Immigration Alert

Wed, 09 Mar 2005 00:00:00 GMT

HHS Publishes Regulations Prohibiting Many Outside Activities by NIH Employees

Fri, 18 Feb 2005 00:00:00 GMT

Client Alert: U.S. Supreme Court Rules That Contingent Fee Portion of LawsuitSettlements and Judgments Is Taxable to the Client

Tue, 15 Feb 2005 00:00:00 GMT

ALERT: DOL Issues Proposed USERRA Regulations and USERRA Amendments of Interest to Employers

Tue, 08 Feb 2005 00:00:00 GMT

Special Immigration Alert–PERM Regulations

Tue, 04 Jan 2005 00:00:00 GMT