Matthew Scully

Matthew Scully

Burr & Forman

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Health Care E-Note - August 2016

The Alabama Natural Death Act contains the provisions on how an individual may plan for end-of-life decisions. Specifically, it outlines the requirements for a valid Advanced Directive and the removal and withdrawal of life...more

8/25/2016 - ADA Advance Directives American Medical Association Certificate of Need Cybersecurity DOL End-of-Life-Care Ethical Standards Exempt-Employees FDA FLSA Fluctuating Workweek FMLA Healthcare HHS Medical Devices Minimum Salary Non-Exempt Employees Over-Time Research and Development Telecommuting Telemedicine Wage and Hour

U.S. Department of Labor's New Federal Overtime Regulations: How it May Affect You

As you may be aware, the Department of Labor recently issued new overtime regulations that will significantly affect salaried employees and their classification as exempt (i.e., not entitled to overtime pay) under the Fair...more

7/12/2016 - Business Plans DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Popular Wage and Hour White-Collar Exemptions

Health Care E-Note - April 2016

Patient care is not confined to a single office or exam room, or a single physician or other provider. Caring for patients these days now includes complex coordination among physicians, nurses, technicians, staff, management,...more

4/25/2016 - DOJ Elder Abuse False Claims Act (FCA) FD&C Act FDA HIPAA Mandatory Reporting Laws OCR Qui Tam

Health Care E-Note - March 2016

On February 12, 2016, the Department of Health and Human Services’ Center for Medicare & Medicaid Services ("CMS") published its final rule. The final rule clarifies two key sections of the often described 60-Day Overpayment...more

3/21/2016 - 60-Day Rule Affordable Care Act Certificate of Need CMS Consumer Bankruptcy Electronic Health Record Incentives False Claims Act (FCA) Health Savings Accounts Healthcare Fraud Minimum Wage Overpayment Recovery Time Limits Prescription Drugs Skilled Nursing Facility

Labor & Employment E-Note - March 2016

Are your cell phone policies as outdated as your original iPhone? Cell phones have become common place in today’s workplace and employers must consider the legal risks they pose. Thus, if you haven’t revisited your policies...more

3/21/2016 - ADA Cell Phones Employment Policies FMLA Hiring & Firing Minimum Wage Mobile Devices Non-Compete Agreements Wage and Hour

Contractors: Do You Have a Cell Phone Policy? Is It Time for an Upgrade?

Smart phones and tablets are now commonplace on the construction job site.  Are your cell phone policies as outdated as the original the flip phones that you issued to your employees? Do you even have a cell phone policy?...more

3/18/2016 - Cell Phones Confidential Information Construction Disputes Construction Industry Discovery Employment Policies NLRB Sexting

Burr Alert: Is it Time to "Upgrade" your Cell Phone Policies?

Are your cell phone policies as outdated as your original iPhone? Cell phones have become common place in today’s workplace and employers must consider the legal risks they pose. Thus, if you haven’t revisited your policies...more

3/15/2016 - Cell Phones Confidential Information Employment Policies Mobile Devices NLRB Smartphones

Labor And Employment E-Note - November 2015

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990... Please see full E-Note below for more...more

11/30/2015 - Arbitration FMLA NLRB Non-Compete Agreements OSHA Penalties Same-Sex Marriage Unions Wage and Hour White-Collar Exemptions

NLRB Continues to Make Things Easier for Organized Labor

As we reach the end of 2015, recent statistics released by the National Labor Relations Board (NLRB) confirm that it is no longer a level playing field for employers who wish to remain union-free. The "quickie" representation...more

11/25/2015 - Ambush Election Rules E-Signatures NLRB Quickie Election Rules Unions

Health Care E-Note - September 2015

In an article published on August 11, 2015 in the Birmingham Medical News, Ashley Hattaway and Sharonda Childs discuss how many well-meaning managers engage with employees on social media websites, and how doing so provides a...more

9/29/2015 - Employee Benefits Health Care Providers Healthcare HIPAA Medical Malpractice Pain Management Clinics Physicians Pregnancy Discrimination Social Media Young v United Parcel Service

Labor & Employment E-Note - September 2015

The National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the concept of “joint employment”...more

9/29/2015 - Arbitration Arbitration Awards Deflategate DOL Employee Benefits Federal Arbitration Act FLSA Football Franchisee Franchises Franchisors Joint Employers Minimum Salary Minimum Wage New England Patriots NLRB Pregnancy Discrimination SCOTUS Staffing Agencies Tom Brady Unpaid Overtime Wage and Hour White-Collar Exemptions Young v United Parcel Service

NLRB Redefines and Broadens the Joint Employment Standard

Just in time for Labor Day, the National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the...more

9/4/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Franchisee Franchisors Joint Employers McDonalds NLRA NLRB Staffing Agencies Temporary Employees Unions Wage and Hour

Labor & Employment E-Note - April 2015

In This Issue: - Employment Law Update After Young v. United Parcel Service, Inc. - Excerpt from Employment Law Update After Young v. United Parcel Service, Inc.: A pregnant employee walks into your...more

4/27/2015 - Ambush Election Rules Confidentiality Agreements H-1B Mental Health Minimum Wage PDA Pregnancy Discrimination Reasonable Accommodation Unions Visa Caps Wellness Programs Whistleblower Protection Policies Young v United Parcel Service

Employment Law Update after Young v. United Parcel Service, Inc.: Must Employers Provide Accommodations for Pregnant Employees?

A pregnant employee walks into your office and tells you that she has a lifting restriction of twenty pounds and needs an accommodation because she can’t do her job. What do you do? In Young v. United Parcel Service, Inc.,...more

3/31/2015 - Disparate Treatment Essential Functions PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Labor & Employment E-Note - March 2015

In This E-Note: - Expanding Eligibility: Is Your FMLA Policy Ripe for Misinterpretation? - New Year’s Resolution Continued: The Multi-State Non-Compete Agreement - The Corporate Board: The False Claims...more

3/25/2015 - DOL False Claims Act (FCA) Final Rules FMLA Non-Compete Agreements Perez v Mortage Bankers Assoc Same-Sex Marriage Wage and Hour Whistleblowers

Expanding Eligibility: Is Your FMLA Policy Ripe for Misinterpretation?

Can the wording in your handbook make employees otherwise ineligible for FMLA leave eligible? The Sixth Circuit (which has appellate jurisdiction over district courts in Kentucky, Michigan, Ohio and Tennessee) has answered...more

3/18/2015 - Corporate Counsel Employee Handbooks Employer Liability Issues FMLA

2014 Labor Law Update

In This Presentation: - “We’re Back” - Recent Developments - “Protected, Concerted Activity” - Recent Developments - “Bettie Page would be rolling over in her grave” - NLRB Issues Opinions On Social...more

3/12/2014 - Employer Liability Issues NLRB Protected Concerted Activity Social Media Policy

Making The Hiring Process Work

In This Presentation: - Using Social Media in Hiring Decisions ..Scenario #1 - Hiring Employees with Restrictive Covenants ..Scenario #2 - Disparate Impact ..Scenario #3 - Federal...more

3/11/2014 - Employer Liability Issues Hiring & Firing Job Applicants Restrictive Covenants

2014 Labor Law Update

In This Presentation: - Detroit Manufacturing - 2013-14 Southeast Union Activity: ..UAW - Automotive ..Faurecia Northport election lost by UAW ..Continued UAW Presence at MBUSI & Nissan ...more

3/3/2014 - Automotive Industry Commercial Bankruptcy Detroit DOL Manufacturers Municipal Bankruptcy OEM Unions

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