March 28, 2011
It’s that time again – time for the 2011 Legal Marketing Association’s Annual Conference. This year, it will be in Orlando, Florida and after the winter we’ve had, I couldn’t be happier about it!
But it’s not all sun and fun – there’s a lot of work, and valuable networking too.
I’m posting a list of the sessions I’ll be attending – I’ll be tweeting from each and blogging a re-cap of each session as well. To follow along with the Twitter stream, you can check out the #LMA11 hashtag – that aggregates all of the tweets that contain that hashtag – you can follow me on Twitter, or you can follow Laura Gutierrez or Heather Morse’s Twitter lists.
March 25, 2011
The U.S. Supreme Court’s decision in Kasten v. Saint-Gobain Performance Plastics Corp., __ U.S. __ (March 22, 2011), holds that an employee’s oral complaint of a violation of the Fair Labor Standards Act (“FLSA”) constitutes protected conduct under the FLSA’s anti-retaliation provision.
EBG partner Frank C. Morris, Jr., discusses in an EBG Act Now Advisory the fact that the Kasten decision is merely the latest in an ever-growing series of cases where the Supreme Court has broadly interpreted protections against retaliation and for whistleblowers. The EBG Act Now Advisory also addresses what employers should do in light of these recent decisions.
To review the EBG Act Now Advisory on this issue, click here.
March 23, 2011
Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network. For our latest interview, we chose ILN member, Carole Barrett of Howard Rice Nemerovski Canady Falk & Rabkin in San Francisco, California.
March 23, 2011
E. Jason Tremblay
Paul E. Starkman
Jenifer H. Caracciolo
Chicago Partners Jason Tremblay, Paul Starkman, and Jenifer Caracciolo, recently obtained a significant victory on behalf of a global travel technology company. The client was sued by a former employee for gender and disability discrimination, as well as retaliation, after the employee was terminated for his violation of the company’s medical leave policy.
March 21, 2011
Read an update on the Legislature’s consideration of medical marijuana bills ESSB 5073 and HB 1550.
For more information please visit www.omwmunilaw.com.
March 20, 2011
On March 16, 2011, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it is currently reviewing its policy on H-1B cap exemptions for nonprofit entities that are related to, or affiliated with, an institution of higher learning. Effective immediately, and as an interim measure, the USCIS will approve H-1B nonprofit entity petitions seeking an exemption from the H-1B numerical cap and filing fees based on affiliation with, or relation to, an institution of higher learning as long as the petitioning entity can demonstrate that: (1) it has secured prior approvals for similar petitions since June 6, 2006; and (2) there has been no material change in circumstances. These interim procedures are temporary and will remain in place until the USCIS releases additional guidance.
March 18, 2011
Washington State announces webinars to aid hospitals and eligible professionals in registering for the Medicaid EHR Incentive Program.
March 18, 2011
During our recent 2011 Asia Pacific Regional Meeting in Hanoi, I gave a presentation on five hot tips for client and business development. These are all things that are familiar to the lawyers in our group, and probably all of you as well, but because they’re important, I felt they bear repeating.
March 16, 2011
By: Kara M. Maciel
A Maryland federal court recently ruled in Gionfriddo v. Jason Zink LLC that the owner and operator of two taverns could not qualify as a “tipped employee” under the Fair Labor Standards Act (“FLSA”) and the Maryland Wage and Hour Law despite that he also worked as a bartender at his establishments. Thus, while he contributed tips to the tip pool arrangement when he worked as a bartender, he could not also share in the distribution of the tips. The court stated that allowing an owner to participate in a tip pool would broaden the FLSA’s tip credit provisions to a point where they would be meaningless.
March 16, 2011
by Lynn Shapiro Snyder and Lesley R. Yeung
The Early Retiree Reinsurance Program (“ERRP”) was created by the Patient Protection and Affordable Care Act to provide financial assistance to employers, unions, and state and local governments to help them maintain health insurance coverage for early retirees age 55 and older. A report published by the Department of Health and Human Services on March 2, 2011, states that almost 5,500 plan sponsors have been approved to participate in the ERRP and that $535 million in ERRP reimbursement payments have been made to date. It is important for plan sponsors and third-party administrators to understand that the health benefit claims that qualify for ERRP reimbursement are only those for medical services that would be covered by the Medicare program. Compliance is essential for those participating in the ERRP, especially when Medicare rules are relevant to this federal program.