North America

AdvaMed Updates Code of Ethics on Interactions with Health Care Professionals

For the first time since 2008, the Advanced Medical Technology Association (“AdvaMed”) has updated its “Code of Ethics on Interactions with Health Care Professionals.”  These updates were announced on January 9, 2019 and will become effective on January 1, 2020.

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EEOC Extends Deadline for Submission of EEO-1 Reports to May 31

On February 1, 2019, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that the agency is giving employers two additional months to file their EEO-1 workforce data surveys, extending the deadline from March 31, 2019 to May 31, 2019. The extension comes as a result of the EEOC’s partial lapse in appropriations and closure during the recent shutdown of the federal government. According to the EEOC website, detailed instructions for submission of EEO-1 data will be forthcoming.

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Third Circuit: Federal Law Does Not Preempt New Jersey’s ABC Test for Independent Contractors

The Third Circuit Court of Appeals ruled that a federal statute that governs interstate trucking does not preempt the application New Jersey’s ABC test for distinguishing between employees and independent contractors.

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California Court of Appeal Concludes That Certain Types of On-Call Scheduling Triggers Requirement to Pay Wages

On February 4, 2019, a divided panel of the California Court of Appeal issued their majority and dissenting opinion in Ward v. Tilly’s, Inc.  It appears to be a precedent-setting decision in California, holding that an employee scheduled for an on-call shift may be entitled to certain wages for that shift despite never physically reporting to work.

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Periodical look at our Business Law Group’s activity

A periodical glimpse into the wide variety of deals and cases that RSS handles each and every day. From helping start-ups and assisting individuals to working along major corporations, we provide the complete scope of legal services.

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DOL Names New Acting Wage and Hour Administrator

On February 1, 2019, the U.S. Department of Labor publicly designated Keith Sonderling as Acting Administrator of the Wage and Hour Division (“WHD”).  He joined WHD in September 2017 as a Senior Policy Advisor, receiving a promotion to Deputy Administrator last month.  Before joining the Department, he was a shareholder in the Gunster law firm in West Palm Beach, Florida, where he represented businesses in labor and employment matters.

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Of Non-Competes, Elizabeth Warren and Marco Rubio

In the last couple of years, there have been a number legislative efforts, at both the state and federal level, to limit the use of non-competes in the U.S. economy, particularly with respect to low wage and entry level workers.  Recent bills introduced in the Senate indicate there is a strong opportunity for a bipartisan path to enactment of such a law by the U.S. Congress.

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DOJ Considers Opioid Use Disorder an ADA Covered Disability and Pursues Claims Against a Provider for Refusing Medical Services to Opioid Users

The U.S. Department of Justice reached a January 31, 2019 settlement of an American with Disabilities Act (“ADA”) Title III complaint against health care provider Selma Medical Associates relating to provision of medical services to an individual with opioid use disorder (“OUD”).  The settlement is notable for health care providers and employers as it makes clear that DOJ considers OUD as a disability under the ADA thereby triggering the full panoply of ADA rights for those with OUD.

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OSHA Update: Record keeping and required postings

Construction companies must remain vigilant in staying apprised of the Occupational Safety and Health Administration’s record keeping and notification requirements. Below are two issues that contractors need to be aware of moving forward.

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Connolly Gallagher’s Managing Partner, Chip Connolly Appointed to The First State Fintech Lab Advisory Board

Connolly Gallagher’s Managing Partner, Chip Connolly Appointed to The First State Fintech Lab Advisory Board

Arthur G. (“Chip”) Connolly III was appointed to The First State Fintech Lab advisory board.  According to co-founder, John Collins, “In our Advisory Board we have assembled a diverse, world class group of leaders who see the potential Delaware has to be a financial technology leader. As the rewiring of traditional financial relationships takes place, we need to make sure that no one is left behind.”

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