News & Analysis as of

Reversal Retroactive Application

Saiber LLC

New Jersey Supreme Court Finds 2019 Amendments to the Wage Payment Law and Wage and Hour Law are Not Retroactive

Saiber LLC on

In a recent unanimous decision by the New Jersey Supreme Court in Christopher Maia v. IEW Construction Group, the seven-judge panel reversed the prior judgment of the Appellate Division and held that the August 6, 2019,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court’s Decision on Premium Payments for Meal, Rest, and Recovery Break Violations

On July 15, 2021, the California Supreme Court issued a decision that will increase dramatically California employers’ potential liability for missed meal, rest, and recovery breaks. In Ferra v. Loews Hollywood Hotel, LLC,...more

Payne & Fears

NLRB Holds Employers May Restrict Company Email Systems for Non-Work Related Reasons

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On December 16, 2019, the National Labor Relations Board (“NLRB”) issued a decision in Caesars Entertainment holding that businesses may restrict employees from using a company’s internal email systems for union and...more

Payne & Fears

Key California Employment Law Cases: October 2019

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Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary:  Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more

Foley & Lardner LLP

Personalized Cancer Therapy Found Nonobvious

Foley & Lardner LLP on

In OSI Pharmaceuticals, LLC v. Aoptex Inc. (Fed. Cir. 2018-1925, Oct. 4, 2019), the Federal Circuit reversed the Patent Trial and Appeal Board’s (Board) decision that certain claims of US Patent No. 6,900,221 were...more

Lewitt Hackman

Franchisor 101: Franchisor Can Be Liable as “Employer” for Missclassifying Workers

Lewitt Hackman on

The Ninth Circuit sent shockwaves through the franchise industry in ruling that last year’s California Supreme Court decision broadening who may bring wage misclassification claims (Dynamex v. Superior Court) applied...more

Payne & Fears

Key California Employment Law Cases: March 2018

Payne & Fears on

This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more

Baker Donelson

Hospitals Plagued by HHS's 2012 Medicare DSH Calculation Obtain Relief from the D.C. Circuit

Baker Donelson on

Hospitals affected by HHS's 2014 decision to include Medicare Part C enrollees as part of the Medicare fraction of the disproportionate share calculation obtained relief late last month when that position was voided by the...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

McAfee & Taft

CMS Audit Practices: How false can you get?

McAfee & Taft on

Caring Hearts Personal Home Care Services provided physical therapy and skilled nursing services to homebound Medicare patients. During an audit, CMS determined that Caring Hearts provided services to patients who didn’t...more

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