The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing...more
7/3/2024
/ Anti-Corruption ,
BlackRock ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Educational Institutions ,
Enforcement ,
Enforcement Actions ,
Export Controls ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Tennessee
On April 23, 2024, the U.S. Department of Labor (DOL) announced its final rule increasing the salary thresholds for the Fair Labor Standards Act’s (FLSA) overtime exemptions for executive, administrative, professional, and...more
4/26/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
This is the fourth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more
2/27/2024
/ Board of Directors ,
Corporate Counsel ,
Corporate Governance ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement Actions ,
Final Rules ,
Insider Trading ,
Popular ,
Publicly-Traded Companies ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs) ,
White Collar Crimes
California recently passed two laws amending its longstanding prohibition of employee noncompete agreements, both of which became effective this month. Section 16600 of the California Business and Professions Code voids...more
The U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS) have issued proposed regulations interpreting the Inflation Reduction Act’s (IRA) prevailing wage and apprenticeship requirements (Labor...more
9/19/2023
/ Apprenticeships ,
Corrections ,
Department of Labor (DOL) ,
Hours of Service ,
Inflation Reduction Act (IRA) ,
IRS ,
Penalties ,
Prevailing Wages ,
Program Participation Agreements (PPAs) ,
Project Labor Agreements ,
Proposed Regulation ,
Recordkeeping Requirements ,
U.S. Treasury
On August 8, 2023, the United States Department of Labor (DOL) issued a final rule interpreting the federal Davis-Bacon Act, the federal law governing payment of wages to construction workers working on federally funded...more
On June 29, 2023, the Supreme Court of the United States revisited an employer's obligation to provide religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII), heightening the standard employers...more
7/6/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
The Supreme Court of the United States held that the Bankruptcy Code’s fraud-discharge exception covers debts obtained by fraud, regardless of who committed the fraud.
Debtors who are liable for fraud on account of a...more
Takeaways:
The SEC’s Division of Enforcement set record-highs in total money relief ordered and total civil penalties assessed in fiscal year 2022....more
On November 30, 2022, the Internal Revenue Service (IRS) published Notice 2022-61 (the Notice), providing initial guidance on the prevailing wage and apprenticeship requirements applicable to certain provisions of the...more
12/26/2022
/ Apprenticeships ,
Contractors ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Energy Projects ,
Fringe Benefits ,
Inflation Reduction Act (IRA) ,
IRS ,
New Guidance ,
Prevailing Wages ,
Tax Credits ,
Wage and Hour ,
Wages
On April 4, 2022, the SJC held that employers must pay treble damages on late wage payments, even if the employee has not filed a Wage Act complaint with the Office of the Attorney General or a court before the payment is...more
This is the sixth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in sanctions & export controls enforcement. Up next: trends in False Claims...more
3/1/2022
/ Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
False Claims Act (FCA) ,
Popular ,
Private Funds ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
Whistleblowers
On December 17, 2021, the Supreme Judicial Court of Massachusetts (SJC) held that an employee has a cause of action against an employer for wrongful discharge where the employer terminates the employee for exercising the...more
On November 8, 2021, New York Governor Kathy Hochul signed into law a bill requiring employers to provide written notice to and obtain employee acknowledgments from new hires before they may engage in electronic monitoring of...more
On September 9, 2021, President Biden unveiled his administration’s plan to combat the recent COVID-19 surge across the United States, referred to by the administration as the “Path out of the Pandemic.” The plan, in...more
9/13/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Workplace Safety
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning COVID-19 vaccinations in the employment context. Most significantly, the EEOC offered long-awaited guidance on the...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations
On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act into law, which will require New York State employers to implement workplace health and safety standards to protect their...more
5/12/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Covered Employer ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Failure to Comply ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Mandatory Requirements ,
New York ,
Policies and Procedures ,
Workplace Safety
On March 12, 2021, New York State Governor Andrew Cuomo signed into law legislation granting public and private employees paid time off to receive the COVID-19 vaccination. The new law immediately requires all New York State...more
Editors’ Note: With the advent of the Biden presidency, we invite you to join us as we examine important trends in white collar law and investigations. Our first entry takes a closer look at SEC enforcement. Up next: a review...more
3/11/2021
/ Biden Administration ,
CFTC ,
Corporate Counsel ,
Cryptocurrency ,
Disclosure ,
Disgorgement ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Financial Reporting ,
Foreign Corrupt Practices Act (FCPA) ,
Insider Trading ,
Market Manipulation ,
Private Funds ,
Regulation BI ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
On January 11, 2021, the U.S. Supreme Court vacated the 2019 decision of the U.S. Court of Appeals for the Second Circuit in United States v. Blaszczak, which substantially broadened the scope of criminal insider trading...more
1/25/2021
/ Appeals ,
Bridgegate ,
Carpenter v US ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Justice (DOJ) ,
Dirks v SEC ,
Employees ,
Hedge Funds ,
Insider Trading ,
Investigations ,
Kelly v United States ,
Personal Benefit ,
Remand ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Tippees ,
White Collar Crimes
On April 3, 2020, New York Governor Andrew Cuomo signed into law the New York State Paid Sick Leave Law, which provides New York-based employees with up to 56 hours of paid sick leave per year. Covered employees began...more
On July 17, 2020, the Court of Appeals for the First Circuit, in an issue of first impression, ruled that an Amazon delivery driver who brought a class action misclassification claim against the company was a transportation...more
On May 20, 2020, the United States Department of Labor (DOL) released a Final Rule authorizing employers that use the “fluctuating workweek” method for calculating employees’ regular rates of pay to award employees additional...more
On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a final rule eliminating a list of businesses prohibited from taking advantage of the commission sales exemption to the overtime...more
On May 7, 2020, the Supreme Court threw out federal program and wire fraud convictions for two former public officials who conspired to induce traffic jams in Fort Lee, New Jersey as political retaliation in 2013. Bridget...more
5/11/2020
/ Appeals ,
Bridgegate ,
Criminal Convictions ,
Federal-Program Fraud ,
Governor Christie ,
Intent to Obtain Money or Property ,
Kelly v United States ,
Political Scandals ,
Public Officials ,
Reversal ,
SCOTUS ,
Wire Fraud