Legal Updates

Rachel Yaffe was featured in "Business Opportunity for Radiologists: On-Site Employee Health Clinics," published by RBMA

Rachel Yaffe was featured in “Business Opportunity for Radiologists: On-Site Employee Health Clinics,” published by RBMA

Business Opportunity for Radiologists: On-Site Employee Health Clinics
By: Rachel Yaffe

Wouldn’t it be nice if employees could receive MRI scans on-site at their places of work? In fact, an increasing number of large, mid-size and small companies across the United States are offering various levels of on-site primary care and specialty services to their employees (some even offering healthcare services to dependants as well). According to a 2010 survey conducted by Mercer consulting firm, 15% of employers with 500 or more employees provided health clinics on-location. An additional 10% of employers with more than 500 employees stated that they were considering offering on-site health clinics for their employees in the upcoming year. It is anticipated that employer-sponsored, on-location healthcare will be commonplace for companies of all sizes and industries over the next ten years.

Read full article

Rachel Yaffe was featured in "HIPAA Audits Are Coming: Are You Prepared?," published by RBMA

Rachel Yaffe was featured in “HIPAA Audits Are Coming: Are You Prepared?,” published by RBMA

HIPAA Audits Are Coming: Are You Prepared?
By: Rachel Yaffe

In recent months, the Department of Health and Human Services (HHS) and the Office of Civil Rights (OCR) have revved up their efforts in enforcing the Privacy and Security Rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH Act) through plans to conduct audits of covered entities (health care providers, health plans and health care clearinghouses) and business associates (persons or entities that perform certain functions or activities that involve the use or disclosure of protected health information on behalf of, or provides services to, covered entities).

Read full article

Ohio Statehouse Update: Week in Review – July 15, 2011 — Our top "5" subjects you should know

Week in Review

July 15, 2011 — Our top “5” subjects you should know

1. JobsOhio Board members named

Governor Kasich this week appointed eight directors to the JobsOhio Board, the state’s newly created private economic development agency. The nonprofit corporation met for its inaugural meeting on July 11 and named Mark Kvamme, Kasich’s top economic development official as interim chief investment officer. JobsOhio will provide job training grants, invest in start-up companies and coordinate local and state-level economic development activities.

Read full article

California Supreme Court Rules That Non-Resident Employees Who Travel to California To Perform Work Are Governed By California Wage Hour Laws

By Michael Kun and Betsy Johnson

In a much-anticipated decision, the California Supreme Court has expanded the scope of California’s complex wage-hour laws to non-resident employees who perform work in California.  While the decision leaves more than a few questions unanswered, it will require a great many employers to review their overtime and other payroll practices.  Perhaps just as importantly, it will likely open the door to lawsuits, including class actions, regarding  prior overtime and payroll practices. This issue is of particular importance to hospitality employers, who often have employees travel to other states to help open new facilities or provide other services. 

Read full article

Sullivan v. Oracle Corporation: Non-Residents Who Perform Work in California Are Governed By California Wage Hour Laws – Including Daily Overtime Rules

By Michael Kun and Betsy Johnson

In a much-anticipated decision, the California Supreme Court has expanded the scope of California’s complex wage-hour laws to non-resident employees who perform work in California.  While the decision leaves more than a few questions unanswered, it will require a great many employers to review their overtime and other payroll practices.  Perhaps just as importantly, it will likely open the door to lawsuits, including class actions, regarding  prior overtime and payroll practices.

The case, Sullivan v. Oracle, has had a tortured history.  In the case, several Arizona and Colorado residents who were employed as instructors by Oracle, which is headquartered in California, filed suit alleging that they were entitled to overtime under California law on those occasions when they performed services in California.   Oracle had treated the instructors as exempt employees and did not pay them overtime.  Because the issue was a novel one involving interpretation of California state laws, the federal Ninth Circuit Court of Appeal certified issues for the California State Supreme Court to decide.

Read full article

Law Moving in Right Direction for "Half-Time" Method of Calculating Damages in FLSA Overtime Cases

By: John F. Fullerton III and Douglas Weiner

The current prevalence of lawsuits for unpaid overtime compensation under the Fair Labor Standards Act (“FLSA”) by employees who claim they were misclassified by their current or former employer as “exempt” from overtime has been well-documented.  These lawsuits continue to present challenges to employers, not just in terms of the burdens and costs of defending the cases, but in the uncertainty of the potential financial exposure. As our colleagues have previously reported (here and here), there are two methods in which the employees can be compensated for the allegedly unpaid overtime wages in such a case.  Under the FLSA, overtime compensation for non-exempt employees is computed at “a time and half” rate for hours worked in excess of forty in a week.  In appropriate situations, however, when the employees have received a fixed salary for all hours worked (which is frequently what has occurred in a misclassification case because the employer has treated the employees as exempt from overtime), the overtime compensation owed to non-exempt salaried employees can and should be calculated based on the “half-time” or “fluctuating workweek” method. 

Read full article

Corporate Update

Shareholder’s tighten grip on the purse strings – new rules on executive remuneration commence

By Matthew Pieterse and Charles Cowper of Gadens Lawyers, Sydney

In the wake of the Global Financial Crisis, there have been renewed calls for tightening of corporate governance policies (and purse strings).  In response, the Government recently passed theCorporations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011, which took effect 1 July 2011.  read more

 

Read full article

Tax Update

Personal Liability for Company Tax Debts
Draft Legislation – Director Penalty Notices – What you don’t know can hurt you!
By Damian O’Connor, Partner, Gadens Lawyers Brisbane
The Treasury has released draft legislation dealing with changes to the director penalty notice rules announced in the 2011/2012 Federal Budget.
read more….

Read full article

Not For Profits Update

ATO reconsiders tax exemptions for charities and not-for-profits: draft amendment to taxation ruling 2005/22 and a new version of the GiftPack is released

By Jon Cheung and Kimberley Vancuylenberg of Gadens Lawyers, Sydney

The ATO recently released a draft amendment to its public ruling 2005/22 which considers when companies will be income tax exempt under Division 50 of the Income Tax Assessment Act 1997. read more

 

Read full article

Download Our Additional Statewide Guides On Trade Secrets Laws, Published By EpsteinBeckerGreen And The Practical Law Company

The national law firm of EpsteinBeckerGreen, in conjunction with the Practical Law Company, recently wrote and published statewide guides on the trade secret laws of Illinois, Massachusetts, and New Jersey.

These guides, which were written by EpsteinBeckerGreen’s attorneys in a “question and answer” format, address trade secret and confidentiality laws affecting employers and employees. They focus on the legal requirements related to protecting trade secrets and confidential information.

Here is a list of the aforementioned guides which are now available:

Read full article