Monthly Archives: November 2011

Ruling Halts Washington State’s Medicaid Emergency Room Visit Limit

A recent judicial decision has prevented the State’s implementation of a controversial policy that would limit payment for Medicaid patients to three “non-emergency” visits to emergency departments each year.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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New York Court Applies Wage Theft Prevention Act Retroactively with Regards to Liquidated Damages

by Jennifer A. Goldman and Peter M. Panken

Since the Wage Theft Prevention Act (“WTPA”) became effective April 9, 2011, New York employers have faced harsher penalties for failing to pay employees minimum wages and overtime.  As reported in two previous Act Now Advisory’s, (December 15, 2010, and April 4, 2011) the WTPA, which amended New York’s Labor Law, significantly increased employers’ penalties for unpaid wage and hour violations, among other things.

Prior to the effective date of the WTPA, liquidated damages were capped at 25 percent of the unpaid wages due. Under the WPTA, however, employees can recover liquidated damages equal to 100 percent of the total amount of unpaid wages due, in addition to the full amount of any underpayment, all reasonable attorney’s fees and prejudgment interest.  While the WTPA does not expressly provide that it applies retroactively to violations that occurred prior to its effective date, employers should be aware that their potential exposure to the 100 percent liquidated damages provision could extend back in time further than they thought since a New York State Supreme Court decision holding that the liquidated damages provision under the WTPA applies retroactively—although this view has not been adopted uniformly.   

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Special Immigration Alert: H-1B Filings Near Quota

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 the advanced degree exemption will be counted under the regular cap. USCIS will continue to accept new petitions until it has filled the H-1B Regular Cap.

As we anticipated, the pace of H-1B submissions has quickened now that the 2012 cap door is closing. For this reason, we strongly advise employers to identify, and promptly file, any petitions subject to the H-1B Cap. This includes F-1 students working pursuant to optional practical training, as well as L-1B employees switching to H-1B status to extend authorized stay due to delays in the green card process. Any foreign national candidates who do not make it under the 2012 H-1B Cap may not be able to start work, or continue working, until October 1, 2012 – or later!

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Ohio Statehouse Update: Week in Review — November 18, 2011

1.   Energy committees consider securitization legislation

The House Public Utilities Committee met on November 16, 2011 to hear sponsor testimony on House Bill 364, legislation establishing a framework to allow an electric distribution company to issue phase-in recovery bonds that would replace its current use of higher-interest debt. The bill’s sponsors, Representatives Kristina Roegner (R- Hudson) and Mike Duffey (R- Columbus) said the bill would lower electric bills for consumers. Rep. Duffey said the securitization of deferred fuel costs has the potential to reduce the typical AEP residential customer’s bill by $25 per year from 2013-2018.

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Can Phase I Reports Hurt Your Client?

In an article titled, “How Phase I Reports Can Hurt Your Clients,” (ALI-ABA Practical Real Estate Lawyer, Vol. 27, No. 6, November 2011), environmental guru Larry Schnapf cautions purchasers of property that an ill-conceived Phase I report may result in their losing CERCLA ability protection or expose them to misrepresentation claims.  The article’s primary concern is that a Phase I report may not necessarily assist a purchaser in establishing a CERCLA:  1) third-party defense; 2) innocent landowner defense; or 3) bona fide prospective purchaser defense, the requirements for each of which are set forth in the statute. 

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RBC: Lidings has advised JTI on privatization of a land plot under the Liggett-Ducat factory in Moscow

Lidings, a law firm dedicated to providing legal support to foreign business in Russia, advised JTI, a major Japanese tobacco products manufacturer, in its privatization project of a large land plot under the “Liggett-Ducat” tobacco factory in Moscow.

The acquired land plot occupies approximately 3 hectares and is located near Moscow’s Kashira highway.  JTI managed to exercise its right for privatization at 20% of the land plot’s cadastral value – a preferential buy-out rate that will cease to apply as of the new year.

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RBC: Lidings has advised JTI on privatization of a land plot under the Liggett-Ducat factory in Moscow

Lidings, a law firm dedicated to providing legal support to foreign business in Russia, advised JTI, a major Japanese tobacco products manufacturer, in its privatization project of a large land plot under the “Liggett-Ducat” tobacco factory in Moscow.

The acquired land plot occupies approximately 3 hectares and is located near Moscow’s Kashira highway.  JTI managed to exercise its right for privatization at 20% of the land plot’s cadastral value – a preferential buy-out rate that will cease to apply as of the new year.

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ILN Today Post

Release of the Retirement Villages Bill 2011 (ACT)

On 16 November 2011, Mary Porter, the member for Gininderra, tabled the Retirement Villages Bill 2011 for the Australian Capital Territory.  read more

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New OIG Advisory Opinion – Pediatric Hospital May Provide Housing, Meals, etc.

New OIG opinion allows pediatric hospital to provide lodging, transportation, meals and other items to patients and their families.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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Rainmaking Recommendation from Jaimie Field, Esq.

I’ve been preparing for (and am now away for) our 2011 Regional Meeting of the Americas here in Newport Beach.  I’ll be writing more on that soon, but while I’m otherwise engaged, I wanted to share with you an email that I got this morning from my friend and Rainmaking expert, Jaimie Field of Marketing Field. You can see her previous rainmaking recommendations here or you can sign up to receive them right in your email inbox on the first and third Wednesdays of the month. I highly recommend doing that – they’re always excellent!

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