North America

OSHA Means Business in Targeting the Health Care and Nursing Care Industries

The Occupational Safety and Health Administration (“OSHA”) recently intensified its scrutiny of the health care and nursing care industries. On June 25, 2015, the agency announced a new enforcement initiative targeting inpatient health care and nursing care facilities. But this increased scrutiny of the health care and nursing care industries does not end there—OSHA is spreading its enforcement reach to other types of health care entities. 

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HRSA Issues Proposed “Omnibus Guidance”

The Health Resources and Services Administration (“HRSA”) issued a notice proposing guidance under the 340B Drug Pricing Program.  The proposed Omnibus Guidance was issued in pre-publication format and is available online at https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-21246.pdf.  The notice is scheduled to be published in the Federal Register on August 28, 2015 and will be available at https://www.federalregister.gov/articles/2015/08/28/2015-21246/guidance-340b-drug-pricing-program-omnibus

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — August 28, 2015

Editors Note: With Congress out of session for the August recess, we present an abbreviated “This Week in Washington.”

Senate to take aim at medical device tax

There is bipartisan support for repeal of the medical device tax. Although the House passed its repeal bill in June, hurdles still remain to get the bill across the finish line in the Senate.

When Congress returns in September it appears that the Senate will finally take a stab at it, but it is unclear exactly when a bill will move, with aides saying only that it will happen “before the end of the year.”

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Thomas C. Erb Named “Lawyer of the Year” for Mergers and Acquisitions Law

Chairman of Lewis Rice, Tom advises both public and private companies on mergers, asset and stock acquisitions and sales, consolidations, reorganizations, recapitalizations, and similar transactions. He has counseled both buyers and sellers in M&A transactions spanning numerous industries including agriculture, manufacturing, technology, banking, consumer goods, and service industries. Tom has extensive experience assisting companies acquiring assets in distressed situations, and he works closely with our restructuring and workout group in such transactions. Best Lawyers has included him in its annual list since 2007. More…

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An Estate Planning Reminder for Parents with Minor Children

I just tweeted an article by a Boston financial planner, Dee Lee, who discusses the importance of parents with minor children getting their estate plans in place.  I strongly feel that setting up an estate plan with protections for minor children is just as important as the other aspects of parenting for which we take so much care and concern.  I have written about this here and here.   Just like finding the right pediatrician, car seat, and child care, an estate plan is an essential protection for your children.  This writer said it so well, that I am posting here some highlights — and  a good reminder — from her article:

“Experts estimate that less than 35% of individuals have wills. This is one thing people procrastinate about, especially parents with young children. 

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NLRB Elections Now 40% Quicker – Median of 23 Days From Filing

Evidence continues to mount as to how much more quickly representation elections are being held since the National Labor Relations Board’s (“NLRB” or “Board”) Amended Representation Election Rules that took effect on April 14, 2015. The Wall Street Journal has crunched the data and reports today that the median number of days between the filing of a representation petition and the day on which employees vote has fallen to 23 days in uncontested elections where the employer and union stipulated to the terms for the vote, and 25 days in the 20 contested cases in which the election was directed by the Board after a hearing.  In comparison, during the Board’s 2014 fiscal year, the last full year before the new rules took effect, the median time was 38 days for all elections and 59 days in contested elections.

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Part 2: FTC Updates its Answers to Frequently Asked Questions About Endorsement Guides

As I mentioned last week, I will be continuing to discuss the FTC’s updated answers to its FAQs. This week, Advertising, Marketing & Promotions Partner Allison Fitzpatrick and I will focus on influencers and ambassadors, celebrity endorsements, and social media and promotions. Stay tuned for our last post in the series on online reviews, employee endorsements, monitoring. 

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Multistate Tax Update — August 27, 2015

Multistate Tax Update — August 27, 2015

Washington: Seattle enacts controversial gun tax, which is already being challenged

Seattle

In an Aug. 10, 2015, statement on approval of firearms and munitions tax, which addressed the unanimous passage of Seattle’s “gun violence tax,” Mayor Ed Murray applauded the city council’s vote. The gun violence tax will raise revenues for funding gun violence research, prevention, and education. The mayor said, “Seattle’s youth deserve action and today’s council vote is a meaningful step forward.” 

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Ready or Not? Finding Pay Issues Before the DOL Does (Nicole Gray)

McDonald Hopkins labor and employment attorney Nicole Gray will be speaking at Cleveland SHRM’s upcoming presentation “Ready or Not? Finding Pay Issues Before the DOL Does.”

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15 Stradling Attorneys Named to 2015 Super Lawyers Rising Stars List

Stradling Yocca Carlson & Rauth, P.C. is pleased to announce that 15 of its lawyers have been named to the 2015 Southern California Super Lawyers Rising Stars list.  Read more.

Super Lawyers recognizes only 5% of attorneys in each state who received the highest point totals, as chosen by their peers and through independent research. The Rising Stars list has the same criteria except, a candidate must be either 40 years old or younger or in practice for 10 years or less. In addition, no more than 2.5% of nominees are named to Rising Stars. More…

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