Legal Updates

California Court of Appeal Reaches Perplexing Conclusion That Even Employees Whose Claims Are Time-Barred Can Still Bring PAGA Representative Actions

In a decision that seems like to be reviewed by the California Supreme Court or rejected by other California Courts of Appeal, one of California’s appellate courts has issued a perplexing decision holding that even employees whose claims are time-barred can file representative actions under California’s Private Attorneys General Act (“PAGA”).

In Gina Johnson v. Maxim Healthcare Services, Inc., the Fourth Appellate District held that the plaintiff could pursue PAGA claims on behalf of other employees even though her own claims were barred by the statute of limitations.

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New rules for medical devices registration in Eurasian Union

Eurasian Economic Commission adopted Recommendations No. 15 “On amendments to Rules for medical devices registration in Eurasian economic union” on 29 June 2021. The Rules were approved by Eurasian Economic Commission on 12 November 2018.

New Recommendations amended the rules for the registration of different medical devices. New rules shall be applied from 2 July 2021.

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Delaware Set to Increase Minimum Wage to $15 by 2025

On July 19, 2021, Delaware Governor John Carney signed legislation that will gradually increase the state’s minimum wage to $15 per hour by 2025. This is a substantial increase from Delaware’s current minimum wage of $9.25 per hour. The minimum wage requirements apply to all employers who employ individuals in the state.

Following the examples set by neighboring Maryland and New Jersey, Delaware’s minimum wage increase will occur in phases. Effective January 1, 2022, the minimum wage will increase to $10.50 per hour. Thereafter, the minimum wage will increase annually on the following schedule:

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To hold a remote meeting will be easer

On July 1, 2021, Federal Law No. 225-FZ of 28.06.2021 “On Amendments to Part One of the Civil Code of the Russian Federation” (the Law) aimed at improving and increasing the effectiveness of holding remote meetings came into force.

The last year of the pandemic has revealed the urgent need for legislative consolidation and settlement of issues related to holding meetings remotely. The adoption of the Law unambiguously solves some of the accumulated problems.

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Video: Biden Seeks to Boost Competition, HERO Act Guidance, and Key Nominees Advance – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we focus on President Biden’s recent push to limit non-compete agreements and finalize key labor and employment appointments.

Biden Executive Order Seeks to Boost Competition

President Biden has issued an expansive executive order, which aims to boost competition across the U.S. economy, lower prices for consumers, and increase pay for workers. The order encourages federal action to ban or limit non-compete agreements, reigniting a policy debate which raged at the end of the Obama administration over when and how non-competes can be enforced. Learn more.

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California Employers Will Need to Change How They Calculate Meal and Rest Period Premiums Following California Supreme Court Decision

California law generally requires employers to pay non-exempt employees a premium of one hour of pay for non-compliant meal and rest periods. Employers have typically paid such premiums by using the employees’ standard hourly rates. A new California Supreme Court decision requires employers to pay premiums at a higher rate when employees receive nondiscretionary compensation. This change in the law not only will require employers to adjust how they calculate meal and rest period premiums going forward, but it also exposes some of them to litigation for their past practices if they did not previously pay at the higher rates – despite the fact that, before this new decision, they had no reason to believe that premiums should be paid at those higher rates.

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DOJ’s Recent Telehealth Enforcement Action Highlights Increased Abuse of COVID-19 Waivers

On May 26, 2021, the Department of Justice (“DOJ”) announced a coordinated law enforcement action against 14 telehealth executives, physicians, marketers, and healthcare business owners for their alleged fraudulent COVID-19 related Medicare claims resulting in over $143 million in false billing.[1] This coordinated effort highlights the increased scrutiny telehealth providers are facing as rapid expansion efforts due to COVID-19 shape industry standards.

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The Constitutional Court of the Russian Federation clarified that the prohibition of the publication of personal data of a medical worker by an online publication should not violate the users’ right to receive information about the quality of services pro

In a Resolution dated May 25, 20211, when examining the complaint of MedReyting LLC, the Constitutional Court of the Russian Federation clarified the procedure for applying para. 8, part 1, art. 6 of the Federal Law “On Personal Data”2, according to which the processing of personal data is necessary for the professional activity of a journalist and (or) the legitimate activity of the mass media or scientific, literary or other creative activities, provided that the rights and legitimate interests of the subject of personal data are not violated.

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New changes to the current regime of remote sale of medicinal products

From September 1, 2021, amendments to the Rules1 for issuing Permits for the Retail Sale of Medicines for Medical Use by remote Means, the Implementation of such sale and the delivery of medicines to Citizens, approved by the Decree of the Government of the Russian Federation dated 31.05.2021 N 827 (hereinafter – the Rules), will come into force.

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Navigating the NIL landscape may have student-athletes in compliance overload

Part 2 in the series “The Wild West of name, image, and likeness: Be prepared when the dust settles.” 

The long anticipated National Collegiate Athletic Association policy, which allows college athletes to earn money from their name, image and likeness (NIL) went into effect on July 1. As a result of this game-changing policy, college athletes can be paid for the commercial use of their identity in the form of endorsement deals from companies, monetization of their social media presence, earning money through autographed or licensed products like apparel, sports drinks or video games, making personal appearances, and more. Read more…

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