Legal Updates

Southern District of New York Rules Federal Law Preempts New York State Law Banning Arbitration of Sexual Harassment Claims

 

 

 

 

Many retail employers require their employees to agree to arbitrate employment-related disputes as a condition of employment. The United States Supreme Court has repeatedly emphasized that workplace arbitration agreements are enforceable according to their terms, and state law that restricts such enforcement is preempted by the Federal Arbitration Act (“FAA”). Notwithstanding those pronouncements, states, such as New York and New Jersey, have crafted legislation designed to nullify an employee’s agreement to arbitrate certain employment-related claims.

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Feds Exhibit Continued Interest in Prosecuting Illegal Relationships Between Laboratories and Marketers

 

 

 

 

On July 8, 2019, Anthony Camillo, owner of Allegiance Medical Laboratory and AMS Medical Laboratory, was sentenced to 30 months in prison by a federal judge in the Eastern District of Missouri. He was ordered to pay $3.4 million in restitution for violations of the anti-kickback statute, associated conspiracy charges, and illegal kickbacks related to various health care fraud schemes to defraud federal health care benefit programs. Those operating in the clinical laboratory testing space or referring specimens to such laboratories should know that what happened in this case is likely a bellwether of continued enforcement action by the federal government with respect to marketing arrangements involving laboratory testing of human tissue.

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Employment Law This Week®: State Legislation Heats Up, NLRB Overturns Precedent, SCOTUS Term Ends

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers in July 2019. Both the video and the extended audio podcast are now available.

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CGT relief from selling the main residence more than 2 years after death

The Australian Taxation Office (ATO) has provided useful guidance and ‘safe harbours’ for when the executors or beneficiaries of a deceased estate can access the Capital Gains Tax (CGT) main residence exemption for a property that was the deceased’s main residence at the time of their death.

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Cleaver Fulton Rankin’s Private Client department is top ranked in Chambers

The Private Client department at Cleaver Fulton Rankin has been top ranked in the latest edition of Chambers High Net Worth Guide.

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Hall & Wilcox advises on the sale of Beecroft Nursing Home

Leading Australian law firm Hall & Wilcox is pleased to have advised the sellers on the sale of shares in Salmar Investments and its subsidiary Salmar Holdings, trading as Beecroft Nursing Home, in Beecroft, NSW. The 95-bed facility had been owned by the same family since 1965.

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Take 5 Newsletter – Retail Employers Continue to Face a Myriad of Challenges in the Workplace

This edition of Take 5 highlights compliance with cutting-edge issues—such as pay equity, workplace violence, and artificial intelligence (“AI”)—that have a significant impact on retailers. We also provide an update on National Labor Relations Act (“NLRA”) compliance and New York City drug testing to assist you in navigating an increasingly complex legal landscape.

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New Medical Cannabis Related Employment Protections Enacted In New Jersey

Our colleagues 

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A New Direction For Commission-Only Compensation In Mass.

A recent ruling by Massachusetts’ highest court has changed the way employers with commission-only compensation plans must pay their employees going forward. On May 8, 2019, the Supreme Judicial Court held in Sullivan v. Sleepy’s LLC et al. that employees compensated on a 100% commission basis are entitled to separate and additional compensation for overtime and Sunday work, even where the employee’s total compensation is equal to or greater than 1.5 times the minimum wage for those overtime and Sunday hours.[1]

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Talking Tax – Issue 162

The interaction between debt and equity rules and Transfer Pricing

The Australian Taxation Office (ATO) has said that the income tax rules and transfer pricing rules ‘can be read to operate harmoniously’.

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