ILN Today Post

2011 Home Health Prospective Payment System Final Rule: CMS Clarifies Change of Ownership Provisions and Implements New Legislative Requirements

On November 17, 2010, the Centers for Medicare and Medicaid Services (“CMS“) published the 2011 Home Health Prospective Payment System (“2011 HH PPS“) final rule.[1] A number of significant issues are addressed in this rule and are effective January 1, 2011. Specifically, the 2011 HH PPS final rule addresses: (1) the rules regarding a change in ownership within 36 months after the effective date of a home health agency’s (“HHA‘s”) initial enrollment or within 36 months following the HHA’s most recent change in majority ownership; (2) new legislative requirements regarding face-to-face encounters with providers related to home health and hospice care; (3) a 3.79 percent reduction to rates for calendar year (“CY“) 2011; and (4) the national standardized 60-day episode rates, the national per-visit rates, the non-routine medical supply (“NRS“) conversion factors, and the low utilization payment amount add-on payments. This Client Alert will provide an overview of these changes.

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Teamsters Local 763 v. City of Mukilteo – Status Quo

This office was recently successful in overturning a trial court decision finding that the City had committed an unfair labor practice by failing to maintain the status quo after the expiration of a collective bargaining agreement.  When a collective bargaining agreement expires, an employer is required to maintain the terms and conditions of employment that […]

For more information please visit www.omwmunilaw.com.

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Hotel Housekeepers File OSHA Complaints Nationwide

By:  Jay P. Krupin and Kara M. Maciel

Last week, on November 9, 2010, housekeepers employed by Hyatt Hotels filed complaints with OSHA alleging injuries sustained on the job. The complaints were filed in eight cities across the country, including Chicago, Los Angeles, San Francisco, Long Beach, San Antonio, Honolulu and Indianapolis.  Similar OSHA actions may occur in Boston, NYC, DC, Atlanta, Las Vegas, Miami, and Orlando with higher concentrations of hotel properties. This is the first time that employees of a single private employer have filed multi-city OSHA complaints, and it appears to be a coordinated effort with organized labor, UNITE HERE.

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ILN Today Post

DAVIS MALM ATTORNEY JAMES E. GALLAGHER PARTICIPATES IN ALUMNI FALL CAREER FORUM AT SUFFOLK UNIVERSITY LAW SCHOOL

On November 17, Davis Malm attorney James E. Gallagher participated in the Alumni Fall Career Forum at Suffolk University Law School. Mr. Gallagher, a 2004 graduate of Suffolk Law School, was joined by other successful Suffolk Law graduates to discuss various career paths available to the students and to provide knowledge and offer tips on how to begin their careers. Mr. Gallagher also spoke to the students about his experiences in his current litigation practice and those from his prior legal experience as a judge advocate in the Marine Corps. The networking event provided an opportunity for students to meet with over 40 Suffolk alumni presently in the New England legal community.

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ILN Today Post

DAVIS MALM ATTORNEYS LAURIE ALEXANDER-KROM AND DAVID M. COGLIANO CONDUCT SEMINAR:"FUNDAMENTALS OF EMPLOYMENT LAW"

On November 17, Davis Malm attorneys Laurie Alexander-Krom and David M. Cogliano conducted an employment law seminar, “Fundamentals of Employment Law,” sponsored by Sterling Education Services, Inc. The seminar provided valuable information on current emerging issues, such as hiring and terminating employees in the current economy, as well as critical issues concerning the FLSA and state wage and hour laws, employee privacy in the workplace, and an update on recent changes in developments with the ADA and FMLA.

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Are Courts Reining in Hybrid Class Actions?

by Michael Kun and Aaron Olsen

In recent years, some plaintiffs’ counsel bringing wage-hour claims have have made the strategic decision to bring “hybrid” class actions; that is, actions alleging both federal and state wage-hour claims.  These cases can cause logistical nightmares for the courts, and great benefits for plaintiffs, for two primary reasons: (1) the standard for certification of a class is differerent for federal and state claims, and (2) classes in federal claims are “opt in” classes while those for state claims are “opt out” classes.  Indeed, in bringing “hybrid” claims, plaintiffs may seek to take advantage of the lower threshold for achieving conditional class certification under the federal Fair Labor Standards Act (“FLSA”), only to later seek to take advantage of the Rule 23 requirement that one must affirmatively “opt out” of the class.  

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ILN Today Post

Bonhomme, Maclean’s “meilleurs amis”

In an update to a story we shared with you a few weeks ago, a report today that the organizers of the Quebec Winter Carnival and Maclean’s magazine have reached a settlement regarding Maclean’s use of the image of Bonhomme – mascot of the Carnival – as part of a cover image promoting an article on corruption in Quebec.   While Carnival organizers confirmed the settlement and advised that they were “pleased”, specific terms of the settlement were not disclosed.

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ILN Today Post

"Goddess Shift" Wins Book Award

I’m thrilled to report that Goddess Shift: Women Leading for a Change just won the USA Book News “Best Books 2010” award in the Women’s Issues category, and was a finalist in the Anthologies Nonfiction category.

Goddess Shift is an anthology of personal stories written by 43 women in leadership positions about how they have empowered themselves to create change in all walks of life. I am honored to be among the book’s contributors, which include Oprah Winfrey, Suze Orman, Venus & Serena Williams, Angelina Jolie, Madonna, Barbara Walters, Olympia Dukakis, and Maya Angelou. 

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Georgia Enacts New Restrictive Covenant Law and Empowers Judges to "Blue-Pencil"

Co-authored by Kenneth G. Menendez.

Back in May, on the last day of the 2010 session of the Georgia General Assembly, lawmakers passed a bill totally revamping Georgia’s restrictive covenant law (House Bill 173). Unlike most laws, however, this Act was not effective either upon passage by the General Assembly or upon signature by the Governor. Rather, this Act became effective on the day following the 2010 general election, if ratified in the form of an amendment to the Georgia Constitution providing for the enforcement of restrictive covenants in commercial contracts that limit competition.

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Newly Proposed Wage Order Merges Restaurant and Hotel Industry Wage and Hour Requirements

By: Amy J. Traub

The New York State Department of Labor recently issued a proposed rule which would combine the current wage orders for the restaurant and hotel industries to form a single Minimum Wage Order for the Hospitality Industry. If adopted, the Wage Order would affect requirements related to the minimum wage, tip credits and pooling, customer service charges, allowances, overtime calculations, and other common issues within the restaurant and hotel industries. Additionally, the Wage Order would provide helpful guidance for traditionally ambiguous wage issues such as the handling of service charges and the definition of an employee uniform for purposes of a laundry allowance. Highlights of the Wage Order include:

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