Our colleague Stuart Gerson recently authored an article in the Washington Legal Foundation’s Legal Backgrounder that will be of particular interest to our readers focused on privacy and cybersecurity: “Federal Preemption: An Essential Component of an Effective National Data-Security and Privacy Regime.”
As we recently reported, New York’s Westchester County has published on its website Employer and Employee FAQs, along with a Notice of Rights to Employees, concerning the county’s Earned Sick Leave Law, which became effective on April 10, 2019. The county has now issued the required poster. Covered employers can download the poster and display it in a conspicuous location at their office or facility.
CMS Seeks to Improve Patient Care and Decrease Costs for Emergency Transportation by Implementing New Medicare Payment Model
On February 14, 2019, the Centers for Medicare & Medicaid Services (“CMS”) announced the Emergency Triage, Treatment and Transport reimbursement model (the “ET3 Model”), a demonstration project that aims to provide improved flexibility to ambulance crews addressing 911-initiated emergency calls for Medicare beneficiaries.
As has been reported by the New York Times, NBC, and other outlets, asset-management firm TCW is defending a lawsuit filed by a former fund manager, Sara Tirschwell, charging the firm with gender discrimination and retaliation, among other allegations. Ms. Tirschwell’s lawsuit has received media attention not only because of the substantial damages that she demands (in excess of $30 million), but also—and perhaps, principally—because the suit has been characterized as Wall Street’s first public brush with the #MeToo movement.
When an employee has two jobs with the same employer, questions can arise as to the employee’s entitlements. This was the situation for an Australia Post employee who made a claim in the Federal Circuit Court of Australia (FCC).
In this edition of our newsletter for the public sector, you’ll find a great recipe for Easter, an interview with Stefan Grun, Executive Manager – Marketing & Communications, VicHealth and wrap up the federal budget.
Funds and financial products
ASIC survey of marketplace lending providers
On 12 April, ASIC released Report 617 Survey of marketplace lending providers: 2017–18 and an accompanying infographic.
While Far from a Knockout, the Southern District of New York Strikes a Blow for Businesses Facing Website Accessibility Lawsuits
It is no secret that businesses have long been awaiting a court decision that would help stem the surging tide of website accessibility cases – over a thousand of which have been filed in the Southern District of New York over the last two years. While the S.D.N.Y.’s recent decision dismissing a website accessibility complaint in Himelda Diaz v. Apple, Inc., 18-cv-07550 (LAP) (S.D.N.Y. March 28, 2019) may not have gone as far as businesses would have hoped, it is nonetheless an important victory. Ideally, by requiring greater effort from the plaintiff’s bar to successfully maintain a website accessibility lawsuit, perhaps the court will finally see a reduction in the number of such claims being filed every week.
Our colleague Steven Swirsky is featured on Employment Law This Week – DOL Proposes New Joint-Employer Rule speaking on the recent Department of Labor (DOL) ruling regarding joint-employers status under the Fair Labor Standards Act while the The National Labor Relations Board’s (NLRB) joint-employment rule proposed in September 2018 is still pending.