Jun 6, 2016 | Employment Law
On May 23, 2016, in a 7-1 decision authored by Justice Sonia Sotomayor, the United States Supreme Court ruled that the time period within which an employee must file a Title VII “constructive discharge” claim begins when the employee resigns due to the employer’s...
Jun 2, 2016 | Health Care, Medicare and Medicaid
In March 2016, the Centers for Medicare and Medicaid Services (“CMS”) published a long-awaited final rule pertaining to the 60‐day rule, which requires Medicare providers to report and return Medicare overpayments to the government no later than sixty (60) days after...
May 2, 2016 | Business Litigation, Employment Law
The Fair Labor Standards Act (“FLSA”), in pertinent part, sets a national minimum wage that employers must pay all employees who perform the kinds of activities covered by the Act. However, although the FLSA broadly defines “employ” as “to suffer or permit to work,”...
May 2, 2016 | Health Care
On April 18, 2016, the Department of Health and Human Services Office of Inspector General (“OIG”) issued an updated version of its Criteria for Implementing Section 1128(b)(7) Exclusion Authority, thereby replacing its 1997 version. By way of background, the OIG...
Apr 25, 2016 | Health Care
In a recent False Claims Act (“FCA”) decision, the United States District Court for the District of Massachusetts granted summary judgment in favor of medical device manufacturer DJO, Inc., holding that statements to Medicare regarding the length of time a patient...
Apr 5, 2016 | Business Litigation
On March 22, 2016, the U.S. Supreme Court issued its highly-anticipated decision in Tyson Foods, Inc. v. Bouaphakeo, a collective action brought under the overtime pay requirements of the Fair Labor Standards Act (“FLSA”). The named plaintiffs in Tyson Foods were...
Apr 1, 2016 | Health Care
Cybersecurity and the protection of patient health information have been at the forefront of the minds of healthcare providers and executives for some time. However, a recent uptick in the number of “ransomware” attacks against healthcare entities – wherein hackers...
Mar 24, 2016 | Employment Law
Eleventh Circuit Issues Important Labor Decision On February 3, 2016, the Eleventh Circuit Court of Appeals issued an important decision pertaining to the employment status of individuals referred by one company to work at events sponsored by another company....
Mar 24, 2016 | Health Care
Yesterday, the Centers for Medicare and Medicaid Services (“CMS”) issued a lengthy proposed rule designed to identify and punish healthcare providers that attempt to evade Medicare rules and regulations by hiding or changing their Medicare identity. If finalized, the...
Feb 12, 2016 | Business Litigation
For most workers, the Fair Labor Standards Act (“FLSA”) guarantees a minimum wage and overtime pay at a rate of not less than one-and-a-half times the employee’s regular rate for all hours worked over the standard forty (40) hours per week. However, for certain...
