More than 7 months after hearing oral argument on an issue that will affect countless employers across the country – whether employers may implement arbitration agreements with class action waivers — the United States Supreme Court has issued what is bound to be considered a landmark decision in Epic Systems Corp. v. Lewis (a companion case to National Labor Relations Board v. Murphy Oil USA and Ernst & Young LLP v. Morris), approving the use of such agreements.
Delivering a Tremendous Victory to Employers Facing Wage-Hour Class Actions, U.S. Supreme Court Upholds Use of Class Action Waivers in Arbitration Agreements
On May 10, 2018, the New Jersey Assembly Labor Committee advanced Assembly Bill A1769, a bill that seeks to provide stricter requirements for the enforcement of restrictive covenants.
It is becoming more and more common for providers to receive what appear to be innocuous medical records requests from both federal and commercial payors. These requests are typically based on data analytics available to the payor that identify the provider as an outlier in some respect. Payors use the analytics to look for potential overpayment issues. Unfortunately, most providers do not understand the significance of these requests and the impact that an incomplete response can have on a future potential overpayment demand and/or possible imposition of a payment suspension by Medicare or a commercial payor.
Still waiting for guidance
The ATO has updated its online guidance on ‘Assessing the Risk: Allocation of profits within professional firms guidelines’ and ‘Everett Assignments’ (Guidelines), following the initial suspension of the Guidelines in December 2017.
This spring, the United States Bankruptcy Court for the District of Delaware found that the bankruptcy case of Rent-a-Wreck, the car rental business, could be dismissed for bad faith because of its long and ongoing dispute with one of its franchisees. (See In re Rent-A-Wreck of America, Inc., 2018 BL 48230 (Bankr. D. Del. 17-11492)) The case serves as a cautionary tale for franchisors that are in some type of financial distress due to particularly contentious disputes with their franchisees; bankruptcy cannot be used as a tool to simply discard a particularly problematic franchisee.
Royal Oak, Michigan, May 17, 2018: Howard & Howard Attorneys PLLC is pleased to announce that Megan J. Parpart has joined the firm. She will practice out of the firm’s Royal Oak office.