North America

Don’t Forget the Tip! DOL issues new regulations for tipped employees

Not even the United States Department of Labor (DOL) forgets the tip. On April 5, 2011, the DOL amended the Fair Labor Standards Act (FLSA) regulations for tipped employees. The regulations require employers with tipped employees to take action before the regulations take effect on May 5, 2011. Here are a few “tips” for employers regarding the new regulations:

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CMS Releases Proposed Rules for Accountable Care Organizations

On March 31, 2011, CMS released its proposed rules for public review and comment relating to Medicare payments for health care providers participating in Accountable Care Organizations (ACOs).

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WRAP-UP POLICIES AND SUBROGATION

In Intact Compagnie d’assurance c. Pétrifond Fondation Compagnie Ltée (published at EYB 2010-180758 (C.S), Justice Geneviève Marcotte of the Superior Court attenuated the general principle regarding the waiver of subrogation by the wrap-up insurer against subcontractors and professionals who are insured under this type of civil liability insurance policy.

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HEALTH REFORM: CMS Holds First Teleconference Related to Sunshine Law for Pharmaceutical, Biotechnology, and Medical Device Companies

On March 24, 2011, the Centers for Medicare & Medicaid Services (“CMS”) held a teleconference,[1] titled “Transparency Reports and Reporting of Physician Ownership or Investment Interests.[2] During the teleconference, CMS provided interested parties with the opportunity to publicly comment on certain topics related to the implementation of Section 6002 of the Patient Protection and Affordable Care Act (“PPACA”). These topics included (1) additional forms and natures of payments and transfers of value to be considered by CMS for reporting; (2) accessibility to, and usability of, the reported data for consumers; and (3) mechanisms for accurate, efficient, and cost-effective reporting of data. CMS announced that “draft regulations” will be issued later this year and that interested parties would have the opportunity to also comment on these draft regulations. See “Federal Transparency Is Now a Reality: Challenges and Opportunities for Pharma, Devices, and PBMs” for an overview of Section 6002 of PPACA.

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PETA’s Use Of Canadian Club Trademark Gets Whacked

People for the Ethical Treatment of Animals (PETA) is in the news again for its cheeky ad campaigns, which sometimes use well known trademarks of other parties to garner exposure for its views on Canada’s seal hunt.  We previously blogged about the use by PETA of an ad featuring the 2010 Winter Olympic and Paralympic Games mascots. 

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HEALTH REFORM: Government Regulators Issue Proposed Regulations Interpreting the ACO Requirements

Earlier today, the Centers for Medicare & Medicaid Services released the long- awaited proposed regulations implementing the Medicare Shared Savings Program. A copy of these regulations can be found by clicking here: CMS Proposed Regulations. In addition, the Federal Trade Commission and Department of Justice also issued a joint statement, entitled “Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program.” This statement can be found by clicking here: DOJ/FTC Proposed Statement.

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The Newest Trend in California Wage-Hour Class Actions: Claims for Inadequate Seating

By:  Michael Kun

Employers who do business in California are already well aware of the wage-hour class actions that have besieged employers in virtually every industry.   Class claims for misclassification of employees as exempt employees or independent contractors first began to be filed more than a decade ago, and continue to be filed on a daily basis.  Claims for alleged work off-the-clock and missed meal and rest periods by non-exempt employees generally began later, but continue to be filed at an alarming rate. 

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New Study Reveals that Women Board Members Create Opportunities for Women Executives

New findings by the Kellogg School of Management at Northwestern University underscore the benefits of adding more women to corporate boards. Kellogg’s study, entitled “Chipping Away at the Glass Ceiling: Gender Spillovers in Corporate Leadership,” reveals that “a higher representation of women on a company’s board of directors directly increases the female share of and access to higher positions within the company.”

The news that putting more women on a company’s board leads to more women in top management positions at that company is very encouraging. As David Matsa, assistant professor of finance at Kellogg aptly points out, this is a situation of “‘women helping women’ at the highest level of company leadership.” However, on the flip side, the study found that increasing the number of female top-level managers at a company won’t result in more women occupying board seats.

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ILN-terviews: Mark Weintraub, Clark Wilson

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, Mark Weintraub of Clark Wilson in Vancouver, Canada.

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The Newest Trend in California Wage-Hour Class Actions: Claims for Inadequate Seating

By Michael Kun

Employers who do business in California are already well aware of the wage-hour class actions that have besieged employers in virtually every industry.   Class claims for misclassification of employees as exempt employees or independent contractors first began to be filed more than a decade ago, and continue to be filed on a daily basis.  Claims for alleged work off-the-clock and missed meal and rest periods by non-exempt employees generally began later, but continue to be filed at an alarming rate. 

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