Monthly Archives: March 2019
When a company is solvent, the primary duty imposed on directors is to promote the success of the company for the benefit of its shareholders. This duty is codified at section 172(1) of the Companies Act 2006. However, that position changes when a company is insolvent, or close to insolvency.
Lidings law firm keeps its leading position in the ranking of the most prominent legal advisors in Russia based on the analytical research held annually by the Kommersant newspaper.
Despite recent welcome news to the home health agency (“HHA”) industry in Florida, Illinois, Michigan, and Texas following an end to Centers for Medicare & Medicaid Services’ (CMS’s) long-standing HHA provider enrollment moratoria, CMS subsequently announced that it would place some newly enrolled HHAs in a provisional period of enhanced oversight. The purpose of the enhanced oversight period and the corresponding additional restrictions placed on certain HHAs is to help CMS address and closely monitor fraud, waste, and abuse concerns in the HHA industry, thus signaling CMS’s ongoing industry-wide scrutiny.
Centers for Medicare & Medicaid Services Proposes Changes to the Methodology for Calculating Medicare Advantage/Part D Civil Money Penalties
On March 15, 2019, the Centers for Medicare & Medicaid Services (CMS) released proposed changes to its methodology for calculating Civil Money Penalties (CMPs) for Medicare Advantage (MA) and Part D Prescription Drug Plan (MA and Part D) sponsors. The proposed changes would impact both the calculation methodology for 2019 as well as the CMP amounts for 2019 and beyond in an effort to increase plan accountability. CMS is accepting comments on these proposed changes until April 15, 2019 at 11:59 PM ET.
The Hon’ble Supreme Court of India, in its judgment pronounced on January 7, 2019 in the case of Birla Institute of Technology vs. State of Jharkhand [Civil Appeal No. 2530 of 2012] (“BIT Case”), had held that teachers were not employees for the purposes of Payment of Gratuity Act, 1972 (“PG Act”) and therefore not entitled to receive gratuity. We had discussed the implications of the BIT Case in our earlier article titled ‘Payment of Gratuity to Teachers’.
Interestingly, on January 9, 2019, the Hon’ble Supreme Court, suo moto listed the matter and stayed the operation of its judgment in the BIT Case stating that the court had not been apprised of the retrospective amendment to the definition of “employee” in the PG Act vide the Payment of Gratuity (Amendment) Act, 2009 (“PG Amendment Act”). The Hon’ble Supreme Court observed that:
This week, the U.S. District Court granted the EEOC’s request for a brief reprieve (until April 3) to provide information to federal contractors about what and when they will need to file the EEO-1 Part 2 pay data report. The judge told the EEOC to spell out how pay data will be collected, when it is due and how employers should format the data. The Department of Justice, arguing for EEOC, claimed EEOC’s systems were not prepared to accept the influx of data, but that they were working hard to modify their systems. For the first time, the Court acknowledged the difficulty employers face, the judge stating “I am mindful of the fact that this is a significant burden…the employers are waiting.” The plaintiffs will have an opportunity to respond to EEOC’s plan no later than April 8.
New Jersey Law Prohibits Prospective Waivers and Secret Discrimination, Retaliation, or Harassment Settlements
On March 18, 2019, New Jersey Governor Phil Murphy signed a bill amending the New Jersey Law Against Discrimination (LAD) to prohibit contractual provisions that result in the wavier of a right or remedy provided under the LAD or prevent the disclosure of information pertaining to claims of discrimination, retaliation or harassment. The amendment, which is immediately effective, prohibits any provision in an employment agreement, other than a collective bargaining agreement, that:
- Waives any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment; or
- Prospectively waives any right or remedy under the LAD.
We’re thrilled to welcome our newest member firm into the ILN, Lee and Li, Attorneys-at-Law, Taiwan. The firm are leaders in their local and Chinese markets, strengthening our position in Asia. As business needs continue to grow globally, law firm clients require access to an experienced legal support system. “Lee and Li is comprised of talented legal professionals,” said Alan Griffiths, ILN Executive Director “and with an impeccable reputation for being creative, business-focused and responsive, they are an ideal ILN member firm.”