North America

Employees & Social Media Use

In the Three D, LLC d/b/a Triple Play Sports Bar and Grille decision issued on August 22, the National Labor Relations Board (NLRB) ruled against a non-union restaurant based on management terminating employees as the result of the employees’ Facebook postings.  The decision illustrates why both unionized and non-union employers need to be aware of […]

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Advertising Week – Lights, Camera, and Action

It’s hard to overstate what a “thing” Advertising Week has become. Since it was launched in 2004 by the late Ken Kaess, then chairman of the 4As, Matt Schekner, and a team that included Burtch Drake, Ron Berger, and Mike Donahue, the conference of advertisers and advertising professionals now comprises more than two hundred and fifty events and more than one hundred and ninety seminars and workshops over four days. This year’s attendance is expected to exceed 90,000 people.

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Illinois Court Holds That Meal Credit Program Is Valid

Our colleague Jeffrey H. Ruzal recently wrote an article entitled “Illinois Court Holds That Meal Credit Program Is Valid,” which appears in the September 2014 issue of Hospitality Law.

Following is an excerpt:

Providing an employee meal program may be a nice gesture, but requires companies that do so to maintain proper records in case their meal plans are challenged.  An Illinois appellate court recently affirmed a circuit court’s dismissal of plaintiff restaurant worker’s class action claim that defendant restaurant employer took improper deductions from plaintiff’s wages to fund a meal credit program. 

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Multistate Tax Update — September 18, 2014

A foreign corporation and its wholly-owned subsidiary was recently denied a consolidated Kentucky corporation income tax return, as was found in World Acceptance Corporation and World Finance Corporation Kentucky v. Finance and Administration Cabinet Department of Revenue, K13-R-18, Kentucky Board of Tax Appeals (August 29, 2014). In the ruling, it was determined that parent corporation, World Acceptance Corporation, was not in an affiliated group because it had realized a net operating loss and its property, payroll and sales factors were de minimis.

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Five ACA Issues that Employers Should Be Following


Our Epstein Becker Green colleagues have released a new Take 5 newsletter: “Five ACA Issues that Employers Should Be Following” by David W. Garland, Adam C. Solander, and  Brandon C. Ge.  Below is an excerpt:

Employers have about three months to finalize their employer mandate compliance plans under the Affordable Care Act (“ACA”). While most employers are in the final stages of planning, this month’s Take 5 will address five ACA issues that employers should be aware of as they move forward:

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Healthcare Alert: The rapid growth in anesthesiology merger and acquisition transactions

Anesthesia groups are being acquired at a pace not seen before. In fact, the anesthesia sector is one of the most active deal sectors in healthcare. There are several large strategic acquirers operating in the marketplace with new buyers (often backed by investment funds) emerging with frequency. Valuations for anesthesiology practices have soared in recent years, due to a perfect-storm combination of factors. Buyers perceive the ability to increase the value of acquired practices through the cost savings and revenue growth associated with larger size and clout. Their primary focus is on enhanced payer contract relationships and the further expansion, where possible, of the care-team model (leveraging the ratio between physician-anesthesiologists and certified registered nursing anesthetists). In addition, buyers listed on the public markets are currently enjoying very strong multiples, so their ability to pay high multiples without dilution of their own equity is driving higher multiples in the acquisition marketplace. Lastly, supply and demand: there are more buyers than ever before, generating a greater interest level and more competition for any anesthesia practice interested in selling. Thus, it’s a seller’s market.

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Client Alert – California to Guarantee Paid Sick Leave

On August 30, 2014, the California Legislature approved AB 1522, the Healthy Workplaces, Healthy Families Act of 2014, which guarantees the vast majority of employees in California at least three days of paid sick leave per year. On the same day, Governor Jerry Brown issued astatement signaling his intent to sign the bill into law. Below are just some of the new law’s features which will take effect on July 1, 2015: More…

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Special Report: Is a "legal marijuana business" really legal?

As more states legalize marijuana for medical or recreational use, budding entrepreneurs believe they will get rich from marijuana businesses that comply with the laws of a particular state (so-called “legal marijuana businesses”). They see opportunities to grow marijuana, to own marijuana dispensaries, and to manufacture and sell marijuana-related products. Investors and financiers envision huge returns on capital. Vendors and professionals, including lawyers and bankers, see new markets for their products and services. It is a modern day (Acapulco) gold rush. It is also a smoke screen.

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How The Apple Class Certification Ruling Affects All Tech Companies

By Ian Carleton Schaefer, Meg Thering and Gregg Settembrino[1]

The unrelenting wave of wage and hour suits continues to roll through the high-tech industry.

On July 21, 2014, in Felczer v. Apple Inc., Judge Ronald S. Prager of the Superior Court of California granted class certification as to a class of  approximately 21,000 current and former Apple retail and corporate employees on claims alleging Apple failed to provide timely meal and rest breaks as required under California Law. The California Labor Code, with a few exceptions, requires employers to provide non-exempt employees with 30-minute unpaid and duty-free meal breaks for every five hours worked. Additionally, employers must authorize and permit all non-exempt employees to take paid rest periods for a duration of 10 minutes for every four hours worked. The penalty for failing to provide statutory meal and rest periods is a one-hour meal period premium for each employee for each missed meal or rest period, at his or her regular hourly rate of pay.

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BAAs and Beyond: Meeting the 9-22 HIPAA Deadline

Reprinted blog post from DocuSign. Interview between Jennifer Royer of DocuSign and Dave Schoolcraft. In under two weeks, Covered Entities and Business Associates are required to complete renewed Business Associate Agreements (BAA) to comply with more stringent HIPAA regulations for BAAs that were in place prior to January 2013. We sat down with Dave Schoolcraft, who leads […]

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