Time Spent Booting Up Computers May Be Compensable, According to Unanimous 9th Circuit

In reversing a Nevada district court’s grant of summary judgment, the Ninth Circuit, in Cadena v. Customer Connexx LLC, recently held that the time call center employees spent booting up their computers is compensable. Because a functioning computer was necessary for the call center employees to do their job, the court unanimously agreed that the time required to turn on their computer and log in was “integral and indispensable to their principal activities” and, therefore, compensable, subject to certain limitations.

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Give the People What They Want: Five States Put Abortion Questions on the Ballot

In the wake of the landmark decision in Dobbs v. Jackson Women’s Health Organization, we have been closely monitoring legal developments across the country. In addition to well publicized “trigger laws” that were effectuated as a result of the U.S. Supreme Court’s order, states have taken up a variety of legislative actions in response to the ruling, which placed authority for the regulation of abortion with the states.

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ILN Today Post

InsightsExport Controls on Chips to China Typify the Biden Administration’s National Security Strategy for Outcompeting China

On October 7, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced a major new rule that restricts the ability of the People’s Republic of China (“PRC” or “China”) to obtain advanced computing chips, develop and maintain supercomputers, and manufacture advanced semiconductors.[1] That same day, BIS published a press release summarizing the updates, and, a few days later, U.S. National Security Advisor Jake Sullivan commented on the strategic intent underlying BIS’s actions.[2] Read more…

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Fall Back: Westchester’s Pay Transparency Law Takes Effect on November 6, 2022

On November 6, 2022, clocks will fall back an hour and in Westchester County, New York a new law requiring disclosure of salary ranges in job advertisements will take effect.

As we previously reported, Westchester, located just north of New York City and home to numerous corporate campuses, recently enacted an amendment to its local human rights law to require employers to state a minimum and maximum salary in any “posting” for jobs, promotions, and transfer opportunities. This comes on the heels of a similar law in New York City that took effect on November 1, 2022.

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Podcast: Post-Dobbs – Navigating the Fast-Changing and Uncertain Legal Landscape – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:  Following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, some states have banned abortion in all or most circumstances and many more have enacted new restrictions or enforced old ones.

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RSS Welcomes Xavier Morand Bock

RSS is pleased to announce that Xavier Morand Bock, a lawyer in our Civil and Commercial Litigation Group, is back with the team.

After having practiced with us for a few years, Xavier had left the firm to take on a challenge with a Montréal corporate group in the entertainment industry. Jean-Pierre Sheppard, head of the Civil and Commercial Litigation Group, is delighted with Xavier’s return. “We are pleased to see a colleague, a friend, and a gifted litigator coming back after gaining a wealth of practical experience in the business community. This experience will surely be put to good use for the benefit of our clients.”

L’article RSS Welcomes Xavier Morand Bock est apparu en premier sur RSS – Robinson Sheppard Shapiro.

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Rural Emergency Hospitals – CY 2023 OPPS Final Rule Includes Additional Information on New Medicare Provider Type

Announced in the Consolidated Appropriations Act of 2021, Rural Emergency Hospitals (REHs) will be a new type of Medicare provider starting January 1, 2023.  REHs are meant to help address the stressed health care system of rural providers by providing an option to closure for distressed critical access hospitals (CAHs) and small rural hospitals.

Existing CAHs and rural hospitals with fewer than 50 beds will be eligible to convert to an REH.  CMS is streamlining this process so that this conversion to be an REH can be accomplished through a change of information on an existing Medicare 855A enrollment rather than through a new provider application, which carries potentially significant delays and potential gaps in payment.  REHs are designed to provide primarily emergency department, observation, and outpatient services.  Because REHs will not provide inpatient care, an area that often creates a significant financial and operational burden on CAHs and small rural hospitals, REHs will allow locally-delivered healthcare to continue to be furnished by existing providers.

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DOJ Secures Its First No-Poach Win with a Guilty Plea by a Healthcare Staffing Firm

It is no secret that the Department of Justice (DOJ) has been largely unsuccessful in the criminal no poach cases it has brought to trial to date. Its most public loss came with the acquittals earlier this year of DaVita, a dialysis company, and certain of its executives in the District of Colorado. DOJ also lost at trial in another high-profile case in the Eastern District of Texas involving a physical therapy staffing company (although it secured a conviction against a company executive for obstruction of justice). But DOJ has pressed on, claiming victories at the motion to dismiss stage. Indeed, following its recent trial losses, Assistant Attorney General Jonathan Kanter, who leads the DOJ’s antitrust division, had this to say:

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Video: California Privacy Exemptions Set to Expire, Status of DOL Independent Contractor Rule, D.C. Non-Compete Notices Take Effect – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we weigh in on the upcoming expiration of California’s privacy exemptions and how employers can develop preventative policies and procedures to effectuate employee rights under the state’s laws.

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The Best Influencer is a Good Story

This Friday, I have the pleasure of joining some fantastic legal industry colleagues on a panel at the Legal Marketing Association’s Northeast Regional Conference. We’ll be addressing the topic: “The Best Influencer is a Good Story” and you’d better believe it’s one of my favorites. I’m tickled to be speaking with one of my favorite people, Adrian Lurssen, Co-founder, VP Strategic Development, JD Supra, and joined by the brilliant Paula Zirinsky, Co-Founder & Chief Strategist, Structura Strategy Group LLP who is moderating the panel and Steve Cohen, Partner at Pollock Cohen LLP, who is delightful and will tell us all about how he ended up going to law school at 58.

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