Monthly Archives: September 2017

Another 24-Hour Wage Hour Decision for the Home Health Care Industry – Employment Law This Week

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Employment Law This Week (Episode 88: Week of September 25, 2017) has released bonus footage of its interview with Michael McGahan, a Member of the Firm at Epstein Becker Green.

As Mike discusses, New York home care agencies typically pay sleep-in home health aides for 13 hours per day, relying on a 2010 opinion from the state Department of Labor. Two home health attendants who claimed they did not “live in” the homes of their clients filed suit against their employers, claiming that their patients’ need for 24-hour supervision required them to be working or on call for all 24 hours. They argued that they should have been paid the minimum wage for each hour. A state appellate court ruled in favor of the plaintiffs, finding that the 13-hour rule violates the state’s minimum wage law. The Department of Health is currently reviewing the decision.

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The concept of “gross fault” and the exemption of liability of a city following the re-ignition of a fire

By Chantal Noël, from our Insurance Law Practice Group.

September 27, 2017 — In Intact, compagnie d’assurances c. Ville de Montréal (2017 QCCS 3753) rendered on June 26, 2017, the Superior Court had to determine whether the City of Montreal firefighters had committed a gross fault, thus preventing the city from invoking the exemption of liability provided for in section 47 of the Fire Safety Act (CQLR c S-3.4).

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“Shop elsewhere: it’s cheaper!”

September 27, 2017 — When the cashier of a grocery store informs a customer that he could save by shopping at a competitor’s store, she is obviously disloyal to her employer.

Should she be fired for this? Jacques Bélanger signals a recent decision from the Court of Appeal of Québec that addressed this question.

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ILN Today Post

Pantsætning af betalingsrettigheder

En afgørelse ved Vestre Landsret fra den 7. juli vil øge finansieringsomkostninger ved pantsætning af betalingsrettigheder. Dette kan betyde større tab for pengeinstitutter i tilfælde af landmandens konkurs eller rekonstruktionsbehandling – både ved aktuelle og fremtidige konkurser/rekonstruktioner.

Artiklen er særligt relevant for personer, som beskæftiger sig med finansiering på landbrugsområdet.

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Tax and the gig economy

The ‘gig economy’ has been very much in the news in recent months. While much of the political attention has been focused on the employment effects of this phenomenon, the implications for UK tax are wide-ranging and hugely significant.

What is the gig economy?

The name refers to the general trend of workers using an online platform to source small on-demand pieces of work (gigs) for which they are paid on a self-employed basis, rather than working for a typical employer. A related development is the sharing economy (generating income by the sharing of assets such as through Airbnb).

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Assessing the Aftermath of Graham-Cassidy’s Demise

Our colleague Robert F. Atlas, President of EBG Advisors, Inc., published an advisory that will be of interest to stakeholders in the health care industry: The After-Effects of Graham-Cassidy’s Demise.

Following is an excerpt:

Taken together, the failure of the ACA repeal-and-replace effort (for now) bodes well for health care providers. The percentage of the population that’s covered—and thus is less likely to represent uncompensated care for providers—will remain fairly high, notwithstanding some erosion if the individual market isn’t bolstered.

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When does a tax lawsuit begin? New tactics will be needed in tax lawsuits from January

New laws taking effect on 1 January next year will transform the tax audit procedure and the way tax lawsuits unfold. While some of the amendments are business-friendly, they also conceal a number of traps that are clearly detrimental to taxpayers’ interests. For example, the rights of taxpayers to defend themselves against the tax authority, and to make use of experts, will be compromised.

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Will CUs Need CFPB’s Cordray to Testify?

ROYAL-OAK, Mich.—Could testimony from CFPB Director Richard Cordray help credit unions defend themselves against a potential wave of overdraft lawsuits?

That’s possible, according to attorney Michael Bell, who is currently defending three credit unions fighting class-action suits against their overdraft practices.

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Shutts Attorneys Published in the Defense Research Institute’s ERISA Report

In an article published in the Defense Research Institute’s ERISA ReportJerel Dawson and Michael Larmoyeux, Jr. explain how the new Department of Labor (“DOL”) regulations set to take effect on January 1, 2018, undermine the longstanding “exhaustion doctrine” for litigation concerning the Employee Retirement Income Security Act of 1974 (“ERISA”). Under ERISA, employee benefit plans must provide an appeal process for participants or beneficiaries to obtain full and fair review of an adverse decision. In 2000, the DOL implemented this requirement through detailed claims procedure provisions that apply to group health plans, retirement plans, disability plans, and others. The new DOL regulations, which are based on the rules already applicable to health claims under the Affordable Care Act, will further enhance the scope and importance of these “safeguards.”

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Changing landscape of the Indian Foreign Direct Investment Policy

The foreign direct investment (“FDI”) policy of India has in the recent past witnessed a series of reforms introduced by the Government with the aim of increasing FDI inflows into India inter alia by liberalizing FDI in various sectors and streamlining the approvals processes. According to the Ministry of Commerce and Industry, FDI inflows hit an all-time high of USD 60.1 billion in 2016-17 as compared to FDI inflows of USD 55.6 billion for the year ending March 2016, (as against record high of USD 139 billion FDI inflows in China in 2016).

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