Epstein Becker & Green

“Fair Chance” Updates: Los Angeles County Ordinance Takes Effect; New York City Proposes Amendments to Existing Law

A growing number of states and municipalities have passed “fair chance” laws that, to varying degrees, prohibit employers from inquiring into a job applicant’s criminal background during the hiring process or restrict employers…more

Background Checks, Ban the Box, Criminal Background Checks, Criminal Records, Fair Chance Act

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Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast

Sometimes, challenging clients need to be challenged. Whether encouraging candid client conversations or reining clients in during depositions, it’s important to keep the ultimate goal in mind: success. In this episode of…more

Business Disputes, Business Litigation, Commercial Court, Contract Terms, Defense Strategies

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Racist, Sexist, and Threatening Behavior Is Fine in the Workplace as Long as You Connect It to Union Activity: The Return of Atlantic Steel

On Monday, the National Labor Relations Board (the “Board” or “NLRB”), with a majority of appointees by President Biden, i.e., “the Biden-Board,” reversed the short-lived General Motors LLC, 369 NLRB No. 127 (2020) decision and…more

Employer Liability Issues, NLRA, NLRB, Protected Concerted Activity, Section 7

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CMS Rules Propose Changes Regarding the Medicare Prescription Drug Inflation Rebate Program, Refundable Drugs, Skin Supplements and More; Comments Due September 9

On July 31, the Centers for Medicare and Medicaid Services (“CMS”) published its mammoth proposed rule entitled “Medicare and Medicaid Programs: Calendar Year 2025 Payment Policies under the Physician Fee Schedule and Other…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Medicaid, Medicare

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Thoughts: AB 3129 Expands Its Reach

Recently, the California Legislature made a series of major revisions to Assembly Bill 3129 (“AB 3129” or “the Bill”), a highly anticipated piece of legislation expected to have a substantial impact on transactions in…more

Acquisition Agreements, Corporate Sales Transactions, Healthcare, Hedge Funds, Investment

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CMS Issues Long-Awaited Rule Regarding Reporting and Returning Overpayments

Section 6402(a) of the Affordable Care Act (“ACA”), which was enacted by Congress in 2010, requires a person who has received an overpayment to report and return the overpayment to the Secretary of Health and Human Services, the…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Final Rules, Medicare, Overpayment Recovery Time Limits

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EEOC Final Rule Implementing the Pregnant Workers Fairness Act Ignites Lawsuits from 19 States

Less than one week after the U.S. Equal Employment Opportunity Commission (“EEOC” or the “Commission”) published its final rule (“Final Rule”) and interpretive guidance to implement the  Pregnant Workers Fairness Act (PWFA),…more

Abortion, Breastfeeding, Employee Rights, Employees, Employer Liability Issues

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Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast

Sometimes, challenging clients need to be challenged. Whether encouraging candid client conversations or reining clients in during depositions, it’s important to keep the ultimate goal in mind: success. In this episode of…more

Business Disputes, Business Litigation, Commercial Court, Contract Terms, Defense Strategies

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An Overview of the CMS Approved New York 1115 Medicaid Waiver

On January 9, 2024, the Center for Medicare and Medicaid Services (CMS) sent a letter to New York’s Medicaid director approving New York’s Section 1115 Waiver amendment, which the state submitted for approval on September 2,…more

1115 Waivers, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance, Healthcare Reform

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EEOC Final Rule Implementing the Pregnant Workers Fairness Act Ignites Lawsuits from 19 States

Less than one week after the U.S. Equal Employment Opportunity Commission (“EEOC” or the “Commission”) published its final rule (“Final Rule”) and interpretive guidance to implement the  Pregnant Workers Fairness Act (PWFA),…more

Abortion, Breastfeeding, Employee Rights, Employees, Employer Liability Issues

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Federal Appeals Court Vacates Department of Labor’s “80/20/30 Rule” Regarding Tipped Employees

On August 23, the United States Court of Appeals for the Fifth Circuit issued its much-anticipated decision in Restaurant Law Center v. United States Department of Labor.  In one of the very first federal appellate court…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Wage, Restaurant Industry, Tip Credit

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Key Highlights of the New York State Public Health and Health Planning Council's Recommendations for Oversight of Ambulatory Care Services

In the setting of a more sophisticated, cost-conscious patient population coupled with a potential crisis with respect to primary care access, more and more ambulatory and stand-alone clinic services are becoming available to…more

Healthcare, Healthcare Reform

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HHS OCR Issues Annual HIPAA Reports to Congress

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently submitted two reports to Congress setting forth the HIPAA breaches and complaints reported to OCR during calendar year 2020 as well as the…more

Data Breach, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), OCR

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#WorkforceWednesday: Navigating Physician Non-Compete Litigation - Employment Law This Week® - Spilling Secrets Podcast

Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians. However, in such a quickly evolving legal landscape, the decision to take the matter to…more

Contract Terms, Employer Liability Issues, Employment Contract, Health Care Providers, Non-Compete Agreements

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Medical Diagnostic Equipment Accessibility Regulations Announced by DOJ Under Title II of ADA

To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for…more

Accessibility Rules, Americans with Disabilities Act (ADA), Department of Justice (DOJ), Final Rules, Healthcare

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CMS Rules Propose Changes Regarding the Medicare Prescription Drug Inflation Rebate Program, Refundable Drugs, Skin Supplements and More; Comments Due September 9

On July 31, the Centers for Medicare and Medicaid Services (“CMS”) published its mammoth proposed rule entitled “Medicare and Medicaid Programs: Calendar Year 2025 Payment Policies under the Physician Fee Schedule and Other…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Medicaid, Medicare

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The Future of Laboratory Testing Just Got a Little Clearer: FDA's Final Rule on LDTs – Diagnosing Health Care

Laboratories in the United States are facing a major regulatory landscape shift. The U.S. Food and Drug Administration (FDA) has finalized a new rule ending its historical blanket enforcement discretion over laboratory…more

Clinical Laboratory Testing, Food and Drug Administration (FDA), Laboratory Developed Tests, Life Sciences, Pharmaceutical Industry

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Final Medicaid Managed Care Rule Updates Requirements Regarding Access, Finance, and Quality

On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) issued the Medicaid and Children’s Health Insurance Program Managed Care Access, Finance and Quality Final Rule, a final rule that updates several regulatory…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare

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Texas Court Shoots Down FTC Noncompete Ban Nationwide

Ten days ahead of her self-imposed deadline, Judge Ada Brown of the Northern District of Texas issued a memorandum opinion and order granting the plaintiffs’ motions for summary judgment, setting aside the Federal Trade…more

Administrative Procedure Act, Administrative Proceedings, Arbitrary and Capricious, Chevron Deference, Department of Labor (DOL)

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Special Immigration Alert: Due to COVID-19, DHS Allows Flexibility in Completing In-Person Form I-9 Verification

On March 20, 2020, the U.S. Department of Homeland Security (“DHS”) announced that it is temporarily amending the Form I-9 verification and reverification procedures that require company representatives to physically review the…more

Department of Homeland Security (DHS), Employment Eligibility Verification, Form I-9, Immigration Procedures, Shelter-In-Place

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Affordable Care Act Overpayments in the CY 2025 Medicare Physician Fee Schedule Proposed Rule: Implications for False Claims

Stakeholders are continuing to analyze the implications of the mammoth proposed rule on “Medicare and Medicaid Programs: [Calendar Year (CY)] 2025 Payment Policies under the Physician Fee Schedule and Other Changes to Part B…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Health Care Providers, Health Insurance

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California Governor Signs Law Mandating Supplemental Paid Sick Leave for Employees of Companies with 500 or More Employees

On September 9, 2020, California Governor Gavin Newsom signed Assembly Bill 1867 (“AB 1867”), mandating supplemental paid sick leave for employees of companies with 500 or more employees. AB 1867 fills gaps left open by the…more

Coronavirus/COVID-19, Corporate Counsel, Executive Orders, Families First Coronavirus Response Act (FFCRA), Food Service Workers

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Uniform Law Commission to Draft Uniform or Model Act Addressing Disclosure Requirements in Commercial Financing Transactions

Since 2018, seven states—California, Connecticut, Florida, Georgia, New York, Utah, and Virginia—have enacted laws requiring specific disclosures in commercial financing transactions. Three of those enactments came in 2023, and…more

Disclosure Requirements, Financial Services Industry, Financing, Regulatory Requirements, Uniform Law Commission (ULC)

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Receive Specialized Care, Provide Specialized Testimony: New Jersey Court Says Medical Malpractice Expert Witness Must Have Qualifying Specialties

To diminish the number of frivolous lawsuits that patients file against doctors and hospitals, 28 states require that a plaintiff submit an affidavit or certificate of merit when they file a medical malpractice case…more

Affidavits, Commercial Litigation, Expert Testimony, Expert Witness, Medical Malpractice

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Tesla Gets a Dressing Down by the NLRB

On August 29, 2022, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Tesla, Inc. regarding dress code policies that further the Biden Board’s efforts to remake NLRB policy. This decision has big…more

Dress Codes, Employment Policies, NLRB, Tesla, Union Insignia

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Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast

Float like a butterfly, sting like a . . . Swifty? From Muhammad Ali’s masterful prowess in the ring to Taylor Swift’s re-recorded classics, the art of counterpunching has long been portrayed in societal—as well as…more

Business Litigation, Counterclaims, Litigation Strategies

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Continued Employment May Constitute Sufficient Consideration for Noncompete Agreements in Connecticut, but Uncertainty Remains

The Connecticut Supreme Court recently held that continued employment may constitute sufficient consideration for noncompete agreements under Connecticut law, but left unclear the parameters of that holding…more

Contract Terms, CT Supreme Court, Employer Liability Issues, Employment Contract, Hiring & Firing

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COVID-19: Chile’s New Law Extends Benefits for Some Parents

On July 27, 2020, due to the COVID-19 pandemic, Chile enacted legislation for parents on parental leave and for parents and caregivers of children born in or after 2013 (i.e., seven years of age or younger). Specifically, the…more

Coronavirus/COVID-19, Employee Benefits, Employee's Childcare, Employment Contract, Infectious Diseases

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#WorkforceWednesday: How Can Employers Prepare for the Future of Pay Equity? - Employment Law This Week®

This week, we’re highlighting the evolving landscape of pay equity and pay data reporting requirements: Efforts to address pay disparities have led to an increase in pay equity legislation that shows no signs of slowing down…more

Employer Liability Issues, Equal Pay, Pay Data, Pay Equity Laws, Pay Transparency

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New Jersey Passes Comprehensive Consumer Privacy Law

On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill No. 332, “An Act concerning online services, consumers, and personal data” (“SB 332”).  New Jersey is the fourteenth state to pass a comprehensive…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Management, Data Privacy

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European Commission Adopts an Adequacy Decision for a New EU-U.S. Data Privacy Framework

On July 10, 2023, the European Commission (“Commission”), which oversees and implements policies and laws of the European Union (“EU”), adopted an adequacy decision for the long-awaited EU-U.S. Data Privacy Framework (“EU-U.S…more

Data Privacy, Data Protection, Data Security, EU, EU Data Protection Laws

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Immediate Action Required: Make the Swift Switch to the New Form I-9

As we previously reported, this summer, the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Homeland Security (DHS) announced significant updates to enhance the employment verification process. In…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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The Legal Battle Over Mifepristone

During the past several turbulent weeks for the U.S. health care system, rulings in the case Alliance for Hippocratic Medicine v. FDA have called into question the U.S. Food and Drug Administration’s (“FDA’s”) scientific review…more

Abortion, FDA Approval, Food and Drug Administration (FDA), Pharmaceutical Industry, Pregnancy

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Rare DOJ Criminal Indictment Related to Medicare Advantage Risk Adjustment

In an indictment announced on October 26, 2023 in Miami, the U.S. Department of Justice, Criminal Division’s Fraud Section, working with the FBI and HHS-OIG, brought what may be only the second federal criminal charges directly…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Fee-for-Service, Health Insurance

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PRF Update: HRSA Sends Out “Audit Reporting Requirement Attestation” Notice Mandating Quick Action

HRSA’s “Audit Reporting Requirement Attestations” arrived in inboxes on Friday, March 22, 2024, and require a response by Friday, April 5, 2024.  The government is under pressure to show that the money distributed under the…more

American Rescue Plan Act of 2021, Audits, CARES Act, Coronavirus/COVID-19, Health Insurance

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Georgia Supreme Court Allows for Employee Non-Solicitation Agreements That Lack Express Geographic Limits

Last summer, as discussed in this blog, the Georgia Court of Appeals issued a decision in N. Amer. Senior Benefits, LLC v. Wimmer that presented potential challenges for employers seeking to enforce employee non-solicitation…more

Confidential Information, Former Employee, GA Supreme Court, Non-Solicitation Agreements, Restrictive Covenants

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Authors Predict an Increase in the Use of State Court Receivership Proceedings

In the June 2024 edition of the American Bankruptcy Institute Journal the authors of “Why State Court Receiverships Are Becoming the Norm for Smaller Companies,” write that “state court receiverships are now poised to take…more

Bankruptcy Plans, Business Ownership, Commercial Bankruptcy, Financial Distress, Receivership

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What to Do When Your Employer Designates You as a Corporate Representative for Deposition

After receiving a litigation hold notice many months ago (which we covered), you’ve finally stopped panicking about your employer’s lawsuit. That is until you’re told that you’ve been designated as a “corporate representative”…more

Depositions, Employee Representatives, Employment Litigation, Litigation Strategies

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Consumer Privacy Update: What Organizations Need to Know About Impending State Privacy Laws Going into Effect in 2024 and 2025

Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Disclosure Requirements

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The ASA Effective Date is Fast Approaching: Employers Should Get Their Insurance House in Order Now

On November 24, 2022, New York’s Adult Survivors Act (“ASA”) (S.66A/A.648A) will go into effect and likely will usher in a tidal wave of litigation across the state. Employers will be impacted by the law, in addition to…more

Child Abuse, Child Protection Laws, Crime Victims, Sexual Abuse, Sexual Assault

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Interested in Opening a Medical Spa? (Part II): Here’s (More) That You Need to Know

In April, we shared with you our thoughts on what to consider before opening in or investing in a medical spa, thinking about corporate structure, scope of practice, licenses and registrations, referral restrictions, HIPAA and…more

Business Development, Cosmetic Surgery, Doing Business, Health and Safety, Health Care Providers

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#WorkforceWednesday: Latest Developments – Restrictive Covenants in the Health Care Industry - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we’re discussing the current state of restrictive covenants in the health care industry: Restrictive covenants are…more

Confidential Information, Employment Contract, Health Care Providers, Hiring & Firing, Intellectual Property Protection

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FTC Vote on Rule to Ban Non-Competes Scheduled for April 23rd

On April 16, 2024, the FTC announced that it will hold a special Open Commission Meeting on April 23, 2024 to vote on its proposed rule to ban the use of non-compete clauses in employment contracts, which has been pending since…more

Committee Meetings, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Labor Reform

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Consumer Privacy Update: What Organizations Need to Know About Impending State Privacy Laws Going into Effect in 2024 and 2025

Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Disclosure Requirements

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The Department of Justice’s Criminal Division Launches a Pilot Program on Voluntary Self-Disclosures for Individuals

Since October 2021, the Department of Justice (DOJ) has been implementing a variety of changes to its corporate criminal enforcement policies. These efforts all reflect DOJ’s focus on individual accountability, punishing…more

Corporate Misconduct, Corruption, Criminal Prosecution, Department of Justice (DOJ), FCPA Corporate Enforcement Policy (CEP)

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#WorkforceWednesday®: After the Block - What’s Next for Employers and Non-Competes? - Spilling Secrets Podcast - Employment Law This Week®

This week, on our Spilling Secrets podcast series, our panelists delve into the implications for employers following the recent blockage of the Federal Trade Commission’s (FTC’s) non-compete ban. On August 20, 2024, the U.S…more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Florida Expands Privacy Protections Including a Ban on Offshoring of Certain Patient Data

Recently, Florida Governor Ron DeSantis signed Senate Bill 262 and Senate Bill 264 into law. These new laws grant Floridians greater control over their personal data and establish a new standard for data handling and protection…more

Data Collection, Data Privacy, Data Processors, Data Protection, Enforcement

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SCOTUS Favors Narrower Reading of CFAA “So” It Does Not Cover Misuse of Authorized Access

A significant opinion concerning computer security was one of those the United States Supreme Court (“SCOTUS”) issued during its end-of-term flurry this year. Employers and others who permit computer access to sensitive…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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California’s Office of Health Care Affordability Kicks into Action: Are Organizations Ready for Increased Scrutiny in Health Care Transactions?

State governments are increasingly entering the field of health care market oversight and enforcement. In what was once an issue typically left to the federal government, state governments are looking for ways to regulate…more

Alternative Payment Models (APM), Anti-Competitive, Antitrust Provisions, Competition, Health Care Providers

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FDA Issues Long-Anticipated Draft Guidance on Diversity Action Plans

The Food and Drug Omnibus Reform Act of 2022 (“FDORA” or the “Act”), signed into law on December 29, 2022, required, in part, drug and device manufacturers to submit Diversity Action Plans to the U.S. Food and Drug…more

Clinical Trials, Diversity, Food and Drug Administration (FDA), Life Sciences, Manufacturers

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SECURE 2.0: Roth Catch-Up Contribution Delay

Section 603 of the SECURE 2.0 Act of 2022 (“Section 603”) implements changes to catch-up contributions and is applicable to employers who maintain a 401(k), 403(b), or 457(b) plan with participants who are age 50 and older and…more

401k, 403(b) Plans, 457(b) Plans, Compensation & Benefits, Employee Benefits

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California Supreme Court Concludes That PAGA Plaintiffs Lack Standing to Intervene in Other PAGA Lawsuits

On August 1, 2024, in Turrieta v. Lyft et al., the California Supreme Court held that a plaintiff in a Private Attorneys General Act (“PAGA”) action does not have a right to intervene -- or to object to or vacate a judgment --…more

Article III, CA Supreme Court, Employer Liability Issues, Employment Litigation, Private Attorneys General Act (PAGA)

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FDA and OHRP Issue Joint Draft Guidance on Content, Organization, and Presentation of Consent Forms for Research Participants

On March 1, 2024, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Health and Human Services’ (HHS’s) Office for Human Research Protections (OHRP) released a draft guidance titled “Key Information and…more

Clinical Trials, Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Medical Research, Office for Human Research Protections (OHRP)

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U.S. Department of Labor Settles Unprecedented Lawsuit Against United Healthcare for Violations of the Mental Health Parity and Addiction Equity Act

In the clearest indication yet of the increased enforcement of the Mental Health Parity and Addiction Equity Act (“MHPAEA”) under the Biden-Harris administration, two settlement agreements filed on August 11 provide that United…more

Consolidated Appropriations Act (CAA), Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Enforcement Actions, Health Care Providers

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HHS Recommends Re-Classification of Marijuana as a Schedule III Controlled Substance – A Bellwether for the Future of Cannabis-ness

On August 30, an official at the United States Department of Health and Human Services (HHS) released one of the most significant announcements made at the federal level concerning marijuana reclassification. In a letter dated…more

Biden Administration, Cannabis Products, Controlled Substances, Controlled Substances Act, DEA

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Supreme Court Underscores Limited Applicability of Rule 10b-5(b) Omissions Claims

In Macquarie Infrastructure Corp. v. Moab Partners, L.P., No. 22-1165, 601 U.S. ___ (April 12, 2024), the United States Supreme Court held that “pure omissions are not actionable” for securities fraud asserted specifically under…more

Disclosure Requirements, Failure To Disclose, Financial Services Industry, Macquarie Infrastructure Corp v Moab Partners LP, Omissions

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How Big a Deal Is “Trump Too Small”? – SCOTUS Today

The question of whether a would-be trademark, “TRUMP TOO SMALL,” warrants a First Amendment exception to the Lanham Act’s prohibition on registering a living person’s name as a trademark without that person’s permission has now…more

CAFC, Certiorari, Constitutional Challenges, First Amendment, Free Speech

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Maryland Expected to Expand Pay Transparency Requirements in Fall 2024

Maryland is poised to join the growing list of jurisdictions that have enacted pay transparency requirements for job postings, which includes jurisdictions such as California, Colorado, Hawaii, Illinois, New York, Washington…more

Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants, Labor Reform

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“Health Over Wealth Act” Would Set Tougher Requirements for Private Equity Firms, For-Profit Corporations Owning Health Care Systems

On July 25, 2024, a federal “Health Over Wealth Act” was introduced in the U.S. Senate and House of Representatives. The bill would amend the Public Health Service Act, requiring the Secretary of Health and Human Services…more

Enforcement Priorities, For-Profit Corporations, Health Care Providers, Healthcare Facilities, Investment

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#WorkforceWednesday: Navigating Physician Non-Compete Litigation - Employment Law This Week® - Spilling Secrets Podcast

Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians. However, in such a quickly evolving legal landscape, the decision to take the matter to…more

Contract Terms, Employer Liability Issues, Employment Contract, Health Care Providers, Non-Compete Agreements

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Importance of Negotiating Tenant Improvement Allowance Provisions in Health Care Leases

In our ongoing series of blog posts, we have examined key negotiating points for tenants in triple net health care leases. We also have offered suggestions for certain lease provisions designed to protect tenants from…more

Healthcare, Healthcare Facilities, Landlords, Lease Term, Leases

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Good News for Retirement Plan Sponsors: IRS Issues Updated Guidance Enhancing Plan Correction Programs

On July 15, 2021, the Internal Revenue Service (“IRS”) updated its Employee Plans Compliance Resolution System (“EPCRS”) by issuing Revenue Procedure 2021-30 (PDF). The EPCRS changes and revisions, which generally became…more

EPCRS, IRS, Retirement Plan, Self-Correction Programs, Voluntary Correction Program

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Western District of Texas Says NLRB Structure Unconstitutional, Issues Injunction Preventing SpaceX Unfair Labor Practice Hearing from Proceeding

In an action brought by Space Exploration Technologies Corporation, commonly known as SpaceX, a U.S. District Court Judge in the Western District of Texas, Waco Division, has declared that the structure of the National Labor…more

Administrative Law Judge (ALJ), Constitutional Challenges, Corporate Counsel, Employee Rights, NLRA

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New York City Prohibits Provisions Shortening Statutes of Limitations for Complaints and Civil Actions Related to Discrimination, Harassment, or Violence

The New York City Council recently amended Sections 8-109 and 8-502 of the New York City Administrative Code, directly affecting employment agreements. …more

City of New York, Discrimination, Employees, Employer Liability Issues, Employment Contract

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Texas Judge Sides with Challengers on CMS Rule Limiting Medicare Agent/Broker Payments

While the Supreme Court decision in Loper Bright Enterprises v. Raimondo was making headlines, other courts were considering recent regulations of another agency—the Centers for Medicare and Medicaid Services (CMS)—that are…more

Centers for Medicare & Medicaid Services (CMS), Compensation Standards, Health Insurance, Healthcare, Insurance Agents

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Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast

Sometimes, challenging clients need to be challenged. Whether encouraging candid client conversations or reining clients in during depositions, it’s important to keep the ultimate goal in mind: success. In this episode of…more

Business Disputes, Business Litigation, Commercial Court, Contract Terms, Defense Strategies

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MI Agencies Request Clarity on New Minimum Wage & Tip Credit Requirements

On August 22, 2024, the Michigan Department of Labor & Economic Opportunity (LEO) issued a press release on the heels of the Mothering Justice decision, about which we previously wrote, and which will drastically change the…more

Hospitality Industry, Minimum Wage, Paid Leave, Paid Sick Leave, Restaurant Industry

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Consumer Privacy Update: What Organizations Need to Know About Impending State Privacy Laws Going into Effect in 2024 and 2025

Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Disclosure Requirements

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Dealing with Controversial Commentary? Some Guidance and Guardrails for Employers

The Israel-Hamas war. Antisemitism and Islamophobia. Ukraine vs. Russia. Black Lives Matter. #MeToo. Mass Shootings and “Well Regulated” vs. “Shall Not Be Infringed.” Vaccination and Mask Mandates. Politicians and Presidents…more

Employee Handbooks, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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Navigating the Labyrinth of Private Equity Investments in Health Care – Diagnosing Health Care

The game has changed—are you positioned to adapt? Over the past 12 months, the federal government has been heavily regulating private investment in health care entities. Simultaneously, multiple states have enacted or…more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Federal Trade Commission (FTC), Health Care Providers, Private Equity

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Updated Requirements for Informed Consent: HHS Issues New Guidance on Sensitive Exams

On April 1, 2024, the U.S. Department of Health and Human Services (“HHS”) released new guidance which requires hospitals to obtain informed consent from patients before practitioners, or medical or other students, perform…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Healthcare Reform

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Illinois Prohibits Discriminatory Artificial Intelligence in Employment Decisions

On August 9, 2024, Illinois Governor J.B. Pritzker signed HB 3773 into law, amending the Illinois Human Rights Act (IHRA) to expressly regulate the use of artificial intelligence (AI) for employment decisions…more

Artificial Intelligence, Automation Systems, Employer Liability Issues, Employment Discrimination, Hiring & Firing

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DOJ’s FY 2023 Statistics: Highest Number of Settlements, Judgments, and Civil Investigative Demands in History and a Continued Health Care Focus

On February 22, 2024, the U.S. Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics for fiscal year (FY) 2023, which ended on September 30, 2023. While the $2.68 billion in total…more

Civil Investigation Demand, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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FDA Issues Long-Anticipated Draft Guidance on Diversity Action Plans

The Food and Drug Omnibus Reform Act of 2022 (“FDORA” or the “Act”), signed into law on December 29, 2022, required, in part, drug and device manufacturers to submit Diversity Action Plans to the U.S. Food and Drug…more

Clinical Trials, Diversity, Food and Drug Administration (FDA), Life Sciences, Manufacturers

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2023 Labor and Employment Highlights: Key Legal Developments, Trends, and Insights - Employment Law This Week®

In this special year-end episode, recorded live from our 42nd Annual Workforce Management Briefing in New York City, Epstein Becker Green attorneys discuss the biggest employment law trends and crucial workforce changes in 2023,…more

Artificial Intelligence, Data Privacy, Employer Liability Issues, Employment Policies, Hiring & Firing

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Dealing with Controversial Commentary? Some Guidance and Guardrails for Employers

The Israel-Hamas war. Antisemitism and Islamophobia. Ukraine vs. Russia. Black Lives Matter. #MeToo. Mass Shootings and “Well Regulated” vs. “Shall Not Be Infringed.” Vaccination and Mask Mandates. Politicians and Presidents…more

Employee Handbooks, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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Western District of Texas Says NLRB Structure Unconstitutional, Issues Injunction Preventing SpaceX Unfair Labor Practice Hearing from Proceeding

In an action brought by Space Exploration Technologies Corporation, commonly known as SpaceX, a U.S. District Court Judge in the Western District of Texas, Waco Division, has declared that the structure of the National Labor…more

Administrative Law Judge (ALJ), Constitutional Challenges, Corporate Counsel, Employee Rights, NLRA

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New York to Extend Window for Filing Administrative Complaints of Unlawful Discrimination

n November 17, 2023, New York Governor Kathy Hochul signed Senate Bill 3255 (the “Act”) into law. The Act amends Section 297-5 of the New York Executive Law (“Section 297-5”) by extending the statute of limitations for filing…more

Complaint Procedures, Employment Discrimination, Harassment, Labor Law Violations, Labor Reform

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District Court Confirms Application of Federal Arbitration Act to No Surprises Act Arbitrations

Recently, a federal judge in New Jersey confirmed an arbitration award in favor of an insurer resulting from the independent dispute resolution (“IDR”) process created under the No Surprises Act. This is one of the first times…more

Arbitration, Arbitration Agreements, Arbitration Awards, Federal Arbitration Act, Health Care Providers

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Illinois Prohibits Discriminatory Artificial Intelligence in Employment Decisions

On August 9, 2024, Illinois Governor J.B. Pritzker signed HB 3773 into law, amending the Illinois Human Rights Act (IHRA) to expressly regulate the use of artificial intelligence (AI) for employment decisions…more

Artificial Intelligence, Automation Systems, Employer Liability Issues, Employment Discrimination, Hiring & Firing

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Don’t Miss the Deadline: New York City Employers Must Display “Know Your Rights” by July 1, 2024

New York City employers, time is running out to update your bulletin boards. Local Law No. 161, which took effect January 2, 2024, requires New York City employers to display and distribute to each employee a multilingual “Know…more

City of New York, Deadlines, Employee Rights, Employer Liability Issues, Local Ordinance

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Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s…more

Americans with Disabilities Act (ADA), Denial of Certiorari, Disability, Employer Liability Issues, Gender Dysphoria

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White House Executive Order on Artificial Intelligence: Implications for the Health Care and Life Sciences Industries

On October 30, 2023, President Joe Biden signed the first ever Executive Order (EO) that specifically directs federal agencies on the use and regulation of Artificial Intelligence (AI). A Fact Sheet for this EO is also…more

Artificial Intelligence, Biden Administration, Discrimination, Executive Orders, Healthcare

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California Supreme Court Applies Rule of Reason Test for “Business Only” Restrictive Covenants

In Ixchel Pharma, LLC v. Biogen, Inc., 20 Cal. Daily Op. Serv. 7729, __ P.3d __(August 3, 2020), the California Supreme Court made it easier for businesses to enforce restrictive covenants against other businesses. This holding…more

Business & Professions Code, Business Disputes, CA Supreme Court, Corporate Counsel, Non-Compete Agreements

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If Cannabis Is Reclassified, What Will Happen to the Marketplace? – Diagnosing Health Care

Will the reclassification of marijuana from a Schedule I to a Schedule III drug disrupt the cannabis marketplace? What consequences must industry stakeholders consider if the Drug Enforcement Administration's proposal becomes…more

Agribusiness, Controlled Substances Act, DEA, Decriminalization of Marijuana, Marijuana

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Time Is Money: A Quick Wage-Hour Tip on … Offering a Compliant Payroll Debit Card Option to Employees

In an increasingly cashless society, many employers are considering moving to payroll debit cards to provide workers with greater flexibility and convenience. …more

Debit Cards, Employees, Employer Liability Issues, Financial Services Industry, Payroll Cards

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California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held…more

ADEA, Americans with Disabilities Act (ADA), Artificial Intelligence, Civil Rights Act, Disparate Impact

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Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent company…more

Corporate Counsel, International Labor Laws, Japan, Parent Corporation, Subsidiaries

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#WorkforceWednesday: Invention Ownership - Why the Tense Matters in Employee IP Provisions - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we uncover the essential steps employers should take to secure employees’ trade secrets from day one of their…more

Confidential Information, Employment Contract, Intellectual Property Protection, Inventions, IP License

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Employees Not in the Transportation Industry Can Be Exempted From Arbitration Under the FAA

The U.S. Supreme Court has ruled that in determining exemption from the Federal Arbitration Act (“FAA”) for “workers engaged in foreign or interstate commerce” — commonly referred to as the “transportation worker”…more

Arbitration, Arbitration Agreements, Bissonnette v LePage Bakeries Park St LLC, Delivery Drivers, Employer Liability Issues

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Act Now: New York Employers Must Provide Paid Lactation Breaks to Employees

All New York employers are now required to provide 30-minute paid lactation breaks following a recent amendment to Labor Law § 206-c. New York State has long required employers to support working mothers by providing…more

Breastfeeding, Employee Rights, Employees, Employer Liability Issues, Labor Reform

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Biden Administration Prioritizes Health Equity in Proposed Reforms to Medicare Managed Care

The Centers for Medicare & Medicaid Services (CMS) recently issued the Medicare Advantage (MA) and Part D proposed rule for contract year 2024 (the “Proposed Rule”), which represents the Biden administration’s broadest effort to…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Hospitals

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DOJ Criminal Fraud Section’s Annual Health Care Fraud Enforcement Action: “We Are a Target-Rich Environment”

On June 27, 2024, the U.S. Department of Justice (“DOJ”) and the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), along with other federal and state law enforcement partners, announced the…more

Criminal Prosecution, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, Health Care Providers

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DOJ’s FY 2023 Statistics: Highest Number of Settlements, Judgments, and Civil Investigative Demands in History and a Continued Health Care Focus

On February 22, 2024, the U.S. Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics for fiscal year (FY) 2023, which ended on September 30, 2023. While the $2.68 billion in total…more

Civil Investigation Demand, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Sponsored Genetic Testing Programs: Compliance Considerations Following DOJ False Claims Act Settlement

Manufacturer-sponsored genetic testing programs provide several benefits to patients, including expanding access to genetic testing, providing opportunities for patients to participate in research, empowering patients to make…more

Anti-Kickback Statute, Biopharmaceutical, Biotechnology, Department of Justice (DOJ), False Claims Act (FCA)

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From The Basketball Court To Federal Court: The New York Knicks Sue The Toronto Raptors For Theft Of Confidential Information

The New York Knicks made headlines last week when they sued the Toronto Raptors for theft of confidential and proprietary information, including scouting reports, play frequency reports, and other confidential information…more

Breach of Contract, Bylaws, Confidential Information, Dispute Resolution, Employment Contract

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Physicians Beware! Groups Providing DME, Prosthetic Devices, and Other Medical Supplies to Their Medicare Patients Risk Violating the Strict Liability Stark Law Since the Expiration of COVID-19 Public Health Emergency

When the COVID-19 Public Health Emergency (“PHE”) ended on May 11, 2023, many physician groups furnishing certain medical equipment, devices, and/or supplies to their Medicare patients became in violation of the federal…more

Anti-Kickback Statute, Coronavirus/COVID-19, False Claims Act (FCA), Fraud and Abuse, Health Care Providers

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Rare DOJ Criminal Indictment Related to Medicare Advantage Risk Adjustment

In an indictment announced on October 26, 2023 in Miami, the U.S. Department of Justice, Criminal Division’s Fraud Section, working with the FBI and HHS-OIG, brought what may be only the second federal criminal charges directly…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Fee-for-Service, Health Insurance

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Court of Appeals for the Tenth Circuit Rules That Secretly Recording Co-Workers Dooms Retaliation Claim

The Tenth Circuit recently reaffirmed that employers may lawfully enforce a policy against surreptitious recordings. In Spagnolia v. Charter Communications, LLC, the United States Court of Appeals for the Tenth Circuit…more

Employee Benefits, Employment Litigation, Employment Policies, Hiring & Firing, Lactation Accommodation

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New York to Extend Window for Filing Administrative Complaints of Unlawful Discrimination

n November 17, 2023, New York Governor Kathy Hochul signed Senate Bill 3255 (the “Act”) into law. The Act amends Section 297-5 of the New York Executive Law (“Section 297-5”) by extending the statute of limitations for filing…more

Complaint Procedures, Employment Discrimination, Harassment, Labor Law Violations, Labor Reform

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Fifth Circuit Poised to Uphold Ruling Striking Down Preventive Coverage Requirement

A federal appeals court panel in New Orleans is poised to uphold a lower court ruling enjoining the enforcement of the Affordable Care Act's (ACA) requirement that most private health insurance cover recommendations of the…more

ACIP, Administrative Procedure Act, Affordable Care Act, Constitutional Challenges, Health Insurance

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Charitable Health Systems and Other Owners of Tax-Exempt Property with Operations in Ohio Should Prepare for Upcoming Changes to Real Property Tax Exemption Laws

Starting in 2022, Ohio will require owners of tax-exempt real property to notify the county auditor if the exempt property ceases to qualify for exemption…more

Audits, Property Owners, Property Tax, Tax Exemptions

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#WorkforceWednesday: Navigating New Laws - California’s Upcoming Deadlines for Employers - Employment Law This Week®

This week, we’re focused on California’s array of new and amended laws, including non-competes, employee cannabis usage, minimum wage, and protected time off: New laws are changing the workplace in California, with looming…more

California, Employee Benefits, Employer Liability Issues, Employment Litigation, Employment Policies

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The DEA Is Knocking at Your Door . . . Are You Prepared? – Diagnosing Health Care

Knock, knock! If the Drug Enforcement Administration (DEA) is already at your door, it may be too late. Enforcement is on the rise, and the microscope is fixed on controlled substances. What can industry stakeholders do to…more

Controlled Substances, Controlled Substances Act, DEA, Health Care Providers, Pharmacies

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The DEA Is Knocking at Your Door . . . Are You Prepared? – Diagnosing Health Care

Knock, knock! If the Drug Enforcement Administration (DEA) is already at your door, it may be too late. Enforcement is on the rise, and the microscope is fixed on controlled substances. What can industry stakeholders do to…more

Controlled Substances, Controlled Substances Act, DEA, Health Care Providers, Pharmacies

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ICYMI: 10+ Years Later, NY Limits Employers’ Access to Employees’ Social Media and Other “Personal Accounts”

With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some…more

Conditional Job Offers, Employee Privacy Rights, Employees, Employer Liability Issues, Hiring & Firing

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What to Do If the Government Knocks on Your Company’s Door … or Breaks It Down – Speaking of Litigation Podcast

FBI! Open up! Is your organization prepared to handle a government investigation? Guilty or not, having a preparedness plan in place for when a government agency comes knocking is just as important as conducting a company fire…more

Civil Investigation Demand, Compliance, Government Agencies, Government Investigations, Investigations

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Business Enterprise Value as a Measure of Damages for Business Torts

Recently, a 1952 Mickey Mantle baseball card, in near-mint condition, sold for a record $12.6 million at auction. Imagine if the new owner brought the card home and showed it to a friend, carefully instructing the friend not to…more

Business Valuations, Calculation of Damages, Commercial Litigation, Damages, Lost Profits

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AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the…more

ADEA, Algorithms, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence

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FTC’s PBM Study Signals Broader Federal Scrutiny of the Prescription Drug Sector

On June 7, 2022, the Federal Trade Commission (FTC) unanimously voted to initiate a study into how business practices employed by some pharmacy benefit managers (PBMs) may impact prescription drug pricing and patient access to…more

Drug Pricing, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Pharmaceutical Industry, Pharmacies

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More Flexibility Added to the Paycheck Protection Program

On Friday, June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (the “Act”), which relaxes various rules under the Coronavirus Aid, Relief, and Economic Security Act’s (the “CARES…more

CARES Act, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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#WorkforceWednesday®: New DOJ Whistleblower Program - What Employers Must Know - Employment Law This Week®

As featured in #WorkforceWednesday®: This week, we’re analyzing the U.S. Department of Justice’s (DOJ’s) new Corporate Whistleblower Awards Pilot Program and its impact on employers: The DOJ’s new Corporate Whistleblower Awards…more

Department of Justice (DOJ), Federal Pilot Programs, Financial Institutions, Financial Services Industry, Whistleblowers

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Trial by Tech: The Evolution of the Digital Courtroom – Speaking of Litigation Video Podcast

Ever wondered how courtroom battles have evolved with the rise of technology? Join us on this episode of Speaking of Litigation as Epstein Becker Green litigators Ken Kelly, Eric Moran, and Ed Yennock explore how technological…more

Case Management, e-Discovery Professionals, Information Technology, Law Firm Associates, Law Firm Partners

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Electronically Stored Information – Pitfalls and Ways to Avoid Mistakes and Inadvertent Disclosure

Mistakes sometimes happen. One of the most serious mistakes attorneys can make is to inadvertently disclose privileged or otherwise protected information during discovery. This may sound easy, but in the electronic era, where…more

Client Services, Commercial Litigation, Discovery, Discovery Disputes, Electronically Stored Information

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Navigating the Labyrinth of Private Equity Investments in Health Care – Diagnosing Health Care

The game has changed—are you positioned to adapt? Over the past 12 months, the federal government has been heavily regulating private investment in health care entities. Simultaneously, multiple states have enacted or…more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Federal Trade Commission (FTC), Health Care Providers, Private Equity

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HHS Publishes Final Rule to Support Reproductive Health Care Privacy

The Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization to eliminate the federal constitutional right to abortion continues to alter the legal landscape across the country. On April 26, 2024, the U.S…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Final Rules

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Rare Hearing by the Supreme Court as to Stays in Vaccine Mandate Cases

On the evening of Wednesday, December 22, 2021, the Supreme Court of the United States announced that it will hold a special session on January 7, 2022, to hear oral argument in cases concerning whether two Biden administration…more

Coronavirus/COVID-19, Employer Mandates, Health and Safety, Infectious Diseases, SCOTUS

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Ohio’s Medical Practitioner Conscience Clause Becomes Effective

Ohio’s two-year state operating budget, which passed in June, enacted Revised Code 4743.10, which established a general medical conscience clause in Ohio law. Under the new law, which became effective September 30, 2021, “a…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Reform, Hospitals

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Time Is Money: A Quick Wage-Hour Tip on … Inclement Weather Pay Obligations

Despite Punxsutawney Phil declaring an early spring, employers should continue to prepare for weather-related emergencies and their wage and hour implications.  As with most of wage and hour-related determinations, employers…more

Collective Bargaining Agreements (CBA), Emergency Management Plans, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

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No More Exceptions: What to Do When the California Privacy Exemptions for Employee, Applicant and B2B Data Expire on January 1, 2023

California’s Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) give consumers substantial rights regarding the disclosure and use of their personal information collected by businesses subject to the law…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity

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The New Tax Reform Law: Highlights of Provisions Affecting Health Care and Nonprofits

On December 22, 2017, President Trump signed into law tax reform legislation (the “Act”), which contains many substantial changes to the Internal Revenue Code (the “Code”). This Client Alert provides a brief description of…more

Carried Interest, Corporate Taxes, Family and Medical Leave Act (FMLA), Income Taxes, Internal Revenue Code (IRC)

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Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in Misconduct

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised…more

Adverse Employment Action, Employee Misconduct, Employees, Employer Liability Issues, Employment Litigation

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Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing

The United Stated Department of Labor Office of Labor-Management Standards (“OLMS”) recently signaled an alarming willingness to use its broad subpoena powers under Section 601 of the Labor-Management Reporting and Disclosure…more

Disclosure Requirements, Employee Rights, Employer Liability Issues, Labor Reform, Labor Relations

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Do the PAGA Amendments Create a Trap for California Employers? Yes. Are They Likely to Reduce the Number of PAGA Actions? No.

Much has been made about the recent, hurried legislation to amend the Private Attorneys General Act (“PAGA”) in order to take the Fair Pay and Employer Accountability Act (“FPEAA”) off the California ballot this November…more

Ballot Measures, California, Employees, Employer Liability Issues, Employment Litigation

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Three Things That Employer Health Plan Sponsors Should Do When the New MHPAEA Rules Are Published

The U.S. Departments of Labor (DOL), Health and Human Services, and the Treasury (collectively, the “Tri-Departments”) published a Notice of Proposed Rulemaking (NPRM) on August 3, 2023, to propose new regulations for the Mental…more

Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Employer Group Health Plans

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Product Launching in the Era of COVID-19 - Diagnosing Health Care Podcast

This Diagnosing Health Care episode looks at the adjustments to business operations and compliance programs that pharmaceutical and medical device companies need to consider as they launch new products during the ongoing…more

Clinical Trials, Coronavirus/COVID-19, Health Care Providers, Life Sciences, Manufacturer Liability

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New York Governor Reinstates Mask Mandate

Today, New York Governor Kathy Hochul announced a new mask mandate for private businesses that do not require proof of vaccination for entry, which will take effect Monday, December 13, 2021 and remain in place through January…more

Coronavirus/COVID-19, Health and Essential Rights (HERO) Act, Health and Safety, Infectious Diseases, Masks

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Finding the Silver-Lining—Leveraging Government Investigations and Restitution Orders for Long-Term Tax Benefits

In many cases, the payment of restitution by a party in a lawsuit involving the government or a governmental entity creates a tax-deductible business expense under Title 26, United States Code, Section 162(f) (hereinafter,…more

Anti-Kickback Statute, Section 162(f), Stark Law, Tax Deductions

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DOJ Launches the Corporate Whistleblower Awards Pilot Program

On August 1, 2024, the Department of Justice (“DOJ”) launched the Corporate Whistleblower Awards Pilot Program (“Pilot Program”), a three-year initiative managed by the Criminal Division’s Money Laundering and Asset Recover…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Federal Pilot Programs, Incentives

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New York State Enacts New Notice Requirements Targeting Private Equity Health Care Transactions

New York recently enacted new legislation that will amend Article 45-A of the New York Public Health Law, entitled “Disclosure of Material Transactions”.  Although the legislation, as enacted, contains no description of…more

Covered Transactions, Disclosure Requirements, Healthcare, Investment, Investors

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Breaking Down the Legal Challenges Surrounding State Licensure Restrictions for Telehealth Providers

Late last year, the case Shannon MacDonald, MD, et al v. Otto Sabando was filed in the U.S. District Court for the District of New Jersey. The plaintiffs claimed that New Jersey’s licensure restrictions on the use of telehealth…more

Commerce Clause, Fourteenth Amendment, Health Care Providers, Licenses, New Jersey

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Texas Court Shoots Down FTC Noncompete Ban Nationwide

Ten days ahead of her self-imposed deadline, Judge Ada Brown of the Northern District of Texas issued a memorandum opinion and order granting the plaintiffs’ motions for summary judgment, setting aside the Federal Trade…more

Administrative Procedure Act, Administrative Proceedings, Arbitrary and Capricious, Chevron Deference, Department of Labor (DOL)

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Workplace Mass Shootings Are A Reminder That Employers Need Legally Compliant Workplace Gun Policies

Some of the most notable recent mass shootings in the United States have been perpetrated by current or former employees in their workplaces. For example, on April 10, 2023, an employee of a bank in Louisville, Kentucky, who…more

Employer Liability Issues, Employment Policies, Firearms, Mass Shootings, Workplace Safety

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#WorkforceWednesday: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week®

This week, we’re diving into arbitration agreements and learning some best practices for employers when crafting these agreements: Employers often include arbitration agreements in their onboarding and other employee materials…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract, Employment Litigation

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California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held…more

ADEA, Americans with Disabilities Act (ADA), Artificial Intelligence, Civil Rights Act, Disparate Impact

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Challenging the FTC’s Noncompete Rule: Amicus Brief Submitted on Behalf of 11 National Trade Organizations

As we have previously written, on April 23, 2024, the Federal Trade Commission (FTC) issued a sweeping final rule (“the Rule”) that purports to ban virtually all post-employment noncompete agreements in the United States. The…more

Amicus Briefs, Competition, Employer Liability Issues, Employment Contract, Federal Labor Laws

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Key Takeaways From Recent Amendments to the New Jersey Court Rules

The Rules Governing the Courts of the State of New Jersey were amended effective September 1, 2024, after being approved by the Supreme Court of New Jersey earlier this year…more

Amended Rules, Commercial Court, Commercial Litigation, Judicial Proceedings, New Jersey

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California Finalizes SB 184 Pre-Transaction Notice Requirements for “Material Change” Health Care Transactions

On December 18, 2023, the California Office of Administrative Law approved the emergency regulations promulgated by the Office of Health Care Affordability (OHCA) that set forth the procedural framework for (i) the…more

California, Health Care Providers, Health Insurance, Healthcare, Healthcare Reform

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Five Developing Trends Financial Services Employers Need to Know - Take 5 Newsletter

As certain long-standing issues of interest to financial services employers seem to be receiving a degree of reactive attention, other cutting-edge issues continue to force such employers to revisit and update policies to meet…more

Arbitration Agreements, Attorney-Client Privilege, Drug Testing, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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On Trend: New Pay Equity Laws Coming to Massachusetts, Minnesota, and Vermont in 2025

The Commonwealth of Massachusetts is the latest of many jurisdictions—including neighboring Vermont as well as Minnesota—to adopt new laws promoting pay equity…more

Corporate Counsel, Employer Liability Issues, Equal Pay, Gender Equity, Gender-Based Pay Discrimination

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Act Now Advisory: New York State's Medical Marijuana Law Gives Workplace Anti-Discrimination Protection

On July 7, 2014, Governor Andrew Cuomo publicly signed into law New York State's first marijuana legalization law—the Compassionate Care Act ("Act"). The Act (which was actually signed on July 5, 2014, after weeks of…more

Americans with Disabilities Act (ADA), Best Management Practices, Compassionate Use Act, Corporate Counsel, Disability

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Mental Health Parity: Federal Departments of Labor, Treasury, and Health Release Landmark Regulations

On September 9, 2024, the three federal departments responsible for regulating the health care benefits for more than 175 million Americans with private health insurance issued a final rule (the “Final Rule”) implementing…more

Addiction Equity Act, Consolidated Appropriations Act (CAA), Corporate Counsel, Department of Health and Human Services (HHS), Department of Labor (DOL)

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HHS Publishes Final Rule to Support Reproductive Health Care Privacy

The Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization to eliminate the federal constitutional right to abortion continues to alter the legal landscape across the country. On April 26, 2024, the U.S…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Final Rules

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#WorkforceWednesday: Termination Meetings on the Record - Employment Law This Week®

With virtual terminations on the rise, what steps should employers take to ensure they are prepared and compliant if an employee secretly records their termination? Epstein Becker Green attorneys Marc A. Mandelman and Lauri F…more

Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing, Termination

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FDA Issues Long-Anticipated Draft Guidance on Diversity Action Plans

The Food and Drug Omnibus Reform Act of 2022 (“FDORA” or the “Act”), signed into law on December 29, 2022, required, in part, drug and device manufacturers to submit Diversity Action Plans to the U.S. Food and Drug…more

Clinical Trials, Diversity, Food and Drug Administration (FDA), Life Sciences, Manufacturers

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Health Care Providers with Claims Arising Out of New York’s Failed Health Republic Insurance Co. to Be Paid in Full

In December 2015, we wrote about the many failed health insurance co-ops created under the Affordable Care Act (“ACA”), and the impact of those failures on providers and other creditors, consumers, and taxpayers. At that time,…more

Affordable Care Act, Co-Op, Health Care Providers, Health Insurance

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CMS Announces Comprehensive Plan to Ensure EMTALA Compliance

CMS’s New Actions Related to EMTALA - On January 22, 2024, the Department of Health and Human Services (HHS) announced that, through the Centers for Medicare & Medicaid Services (CMS), it will launch a comprehensive plan…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), EMTALA, Health Care Providers, Healthcare

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Hidden in Plain Sight: Lesser-Known Exceptions Recently Adopted by Congress to the Federal Physician Self-Referral Law and Anti-Kickback Statute

At the end of 2022, Congress enacted the Consolidated Appropriations Act of 2023 (“CAA”), for which there has been much fanfare.   As it relates to health care, this legislation included provisions addressing issues such as…more

Anti-Kickback Statute, Congressional Oversight, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Healthcare

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The Commodity Futures Trading Commission Cracks Down on Employer Non-Disclosure Provisions

The Commodity Futures Trading Commission (“CFTC”) has now joined the Securities and Exchange Commission (“SEC”) in taking a stand against broad non-disclosure provisions in employment agreements…more

CFTC, Employment Contract, Enforcement Actions, Financial Regulatory Reform, Non-Disclosure Agreement

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Dissecting the New FTC Final Rule That Regulates “Fake Reviews” and More

On August 14, 2024, the Federal Trade Commission (“FTC”) announced a new final rule aimed at regulating fake consumer reviews, testimonials, insider reviews, company-controlled websites, and fake indicators of social media…more

Advertising, Endorsements, Fake Reviews, Federal Trade Commission (FTC), FTC Act

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PRF Update: HRSA Sends Out “Audit Reporting Requirement Attestation” Notice Mandating Quick Action

HRSA’s “Audit Reporting Requirement Attestations” arrived in inboxes on Friday, March 22, 2024, and require a response by Friday, April 5, 2024.  The government is under pressure to show that the money distributed under the…more

American Rescue Plan Act of 2021, Audits, CARES Act, Coronavirus/COVID-19, Health Insurance

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NLRB Issues Guidance on the Duty to Bargain During a Pandemic and Other Emergency Situations

The COVID-19 pandemic and its sharp impact on the U.S. economy has presented a unique set of issues for employers with union-represented employees, including not only those employers that are parties to collective bargaining…more

Collective Bargaining Agreements (CBA), Duty to Bargain, New Guidance, NLRB

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Ohio Appellate Court Holds Logistics Company was Improperly Limited to Half a Remedy, Reviving Noncompete Suit Against a Former Employee

The day after obtaining federal brokerage authority for the logistics company he formed a month earlier, Christopher Johnson, a North Carolina resident, resigned from his employment with Cincinnati-based Total Quality Logistics,…more

Employer Liability Issues, Employment Contract, Former Employee, Non-Compete Agreements, Restrictive Covenants

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EEOC Final Rule Implementing the Pregnant Workers Fairness Act Ignites Lawsuits from 19 States

Less than one week after the U.S. Equal Employment Opportunity Commission (“EEOC” or the “Commission”) published its final rule (“Final Rule”) and interpretive guidance to implement the  Pregnant Workers Fairness Act (PWFA),…more

Abortion, Breastfeeding, Employee Rights, Employees, Employer Liability Issues

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Continued Employment May Constitute Sufficient Consideration for Noncompete Agreements in Connecticut, but Uncertainty Remains

The Connecticut Supreme Court recently held that continued employment may constitute sufficient consideration for noncompete agreements under Connecticut law, but left unclear the parameters of that holding…more

Contract Terms, CT Supreme Court, Employer Liability Issues, Employment Contract, Hiring & Firing

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Unpacking Averages: How Old Are Medical Devices on the US Market?

This month, I explore just how old medical devices are as measured by the date they were cleared or approved by the FDA, using the Global Unique Device Identification Database…more

FDA Approval, Food and Drug Administration (FDA), Healthcare, Life Sciences, Medical Devices

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Responding to the Coronavirus (2019-nCoV) Outbreak: Best Practices for Employers

The 2019 Novel Coronavirus (“2019-nCoV” or “Coronavirus”) is a rapidly spreading respiratory illness that is raising important issues for employers…more

Americans with Disabilities Act (ADA), Business Travel, Centers for Disease Control and Prevention (CDC), Family and Medical Leave Act (FMLA), Health Insurance Portability and Accountability Act (HIPAA)

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CMS Issues Mandatory “TEAM Model” for Acute Care Hospitals to Improve Episode-Based Alternative Payments and Advance Accountable Care Relationships

On August 1, 2024, the Centers for Medicare & Medicaid Services (CMS) released a final rule updating the Medicare inpatient prospective payment system (IPPS) for acute care hospitals and the Medicare prospective payment system…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare, Healthcare Reform

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New Proposed Federal Legislation Takes Aim at Concerns Regarding Perceived “Looting” of Health Care Systems by Private Equity Investors

On June 11, 2024, U.S. Senators Ed Markey and Elizabeth Warren from Massachusetts, introduced proposed legislation titled The Corporate Crimes Against Health Care Act (“CCAHCA”), aimed at addressing a perceived “looting” of…more

Health Care Providers, Healthcare Facilities, Investors, Private Equity, Private Equity Firms

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Trial by Tech: The Evolution of the Digital Courtroom – Speaking of Litigation Video Podcast

Ever wondered how courtroom battles have evolved with the rise of technology? Join us on this episode of Speaking of Litigation as Epstein Becker Green litigators Ken Kelly, Eric Moran, and Ed Yennock explore how technological…more

Case Management, e-Discovery Professionals, Information Technology, Law Firm Associates, Law Firm Partners

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N.J. Supreme Court Bans Broad “Non-Disparagement” Provisions in Agreements Settling Employment Discrimination, Harassment, and Retaliation Claims

In 2019, in response to the “#MeToo” movement, the New Jersey Legislature enacted a law that made any “non-disclosure provision” in an employment contract or settlement agreement unenforceable against the employee, if the…more

#MeToo, Employees, Employment Discrimination, Employment Litigation, Labor Disputes

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FTC and DOJ Signal Continued Interest in Labor Markets with New MOU

On August 28, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) entered into a new Memorandum of Understanding (MOU) with the U.S. Department of Labor (DOL) and the National Labor Relations Board…more

Antitrust Investigations, Department of Justice (DOJ), Department of Labor (DOL), Federal Trade Commission (FTC), Memorandum of Understanding

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Pay Transparency Comes to Washington, DC

This springtime, Washington, D.C. employers may want to spruce up their compliance checklists to stay ahead of new pay transparency obligations. On January 12, 2024, Mayor Bowser signed the Wage Transparency Omnibus Amendment…more

Compliance, Disclosure Requirements, Employee Benefits, Pay Transparency, Salary/Wage History

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Florida Legislature Provides COVID-19 Liability Protection for Health Care Providers

At the end of March, Florida joined the roster of states that have erected legal shields for health care providers against COVID-19-oriented liability claims. Concerned about uncertainty surrounding the emergency measures taken…more

Coronavirus/COVID-19, Governor DeSantis, Health Care Providers, Liability, State and Local Government

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The Gig Continues: California Supreme Court Upholds Proposition 22

On July 25, 2024, the California Supreme Court issued its long-awaited ruling in Castellanos et al., v. State of California and Protect App-Based Drivers and Services, et al., upholding the 2020 voter initiative known as…more

CA Supreme Court, California, Delivery Drivers, Employee Definition, Gig Economy

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OPRA Reform Bill Passed by Gov. Phil Murphy Has Potential to Severely Limit NJ Public Record Transparency

The ability to obtain public records in New Jersey is about to undergo a massive overhaul. A new bill, S2930, (the “Reform Bill”) was signed into law by New Jersey Governor Phil Murphy on June 5, 2024, and has the potential to…more

New Jersey, New Regulations, Public Access Laws, Public Records, Regulatory Reform

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Navigating the Labyrinth of Private Equity Investments in Health Care – Diagnosing Health Care

The game has changed—are you positioned to adapt? Over the past 12 months, the federal government has been heavily regulating private investment in health care entities. Simultaneously, multiple states have enacted or…more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Federal Trade Commission (FTC), Health Care Providers, Private Equity

See all updates »

“Fair Chance” Updates: Los Angeles County Ordinance Takes Effect; New York City Proposes Amendments to Existing Law

A growing number of states and municipalities have passed “fair chance” laws that, to varying degrees, prohibit employers from inquiring into a job applicant’s criminal background during the hiring process or restrict employers…more

Background Checks, Ban the Box, Criminal Background Checks, Criminal Records, Fair Chance Act

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Workplace Violence in Health Care: Dissecting the Legal Landscape and Implications for Employers – Diagnosing Health Care

Workplace violence in health care settings is on the rise, capturing the attention of both state and federal lawmakers. As awareness grows, so too does legal scrutiny and the push for new regulations and enforcement. In these…more

Employment Policies, Health Care Providers, Healthcare Facilities, Hospitals, New Regulations

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Unveiling Gender-Affirming Care: Why It Matters and What’s at Stake – Diagnosing Health Care

Gender-affirming care has become the latest flashpoint in state legislatures and state and federal courts across the nation. States are divided, with some passing laws that seek to restrict access to gender-affirming care and…more

Gender Identity, Health Care Providers, Legislative Agendas, State and Local Government, State Legislatures

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DOJ’s Antitrust Division Launches New Task Force to Target Health Care Monopolies and Collusion

On May 9, 2024, the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced a new task force to address “pressing antitrust problems in health care markets.” This new initiative, named the Task Force on Health Care…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Collusion, Competition

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Clearing Up Confusion: New Jersey Division on Civil Rights Proposes Detailed Guidelines Concerning What Constitutes Disparate Impact in the Workplace

On June 3, 2024, the New Jersey Division on Civil Rights proposed new regulations addressing Disparate Impact Discrimination, N.J.A.C. 13:16 (the Proposed Rules) under the New Jersey Law Against Discrimination (LAD)…more

Comment Period, Disparate Impact, Employer Liability Issues, Employment Discrimination, Labor Reform

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Navigating the Labyrinth of Private Equity Investments in Health Care – Diagnosing Health Care

The game has changed—are you positioned to adapt? Over the past 12 months, the federal government has been heavily regulating private investment in health care entities. Simultaneously, multiple states have enacted or…more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Federal Trade Commission (FTC), Health Care Providers, Private Equity

See all updates »

Cal/OSHA Releases Model Workplace Violence Prevention Plan

The California Division of Occupational Safety and Health (Cal/OSHA) has issued its anticipated model Workplace Violence Prevention Plan (for non-health care settings). As we previously noted here, SB 553 added  California Labor…more

Cal-OSHA, California, Employee Training, Employer Liability Issues, Employer Responsibilities

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Biden Issues Executive Order Encouraging Federal Action to Limit or Ban Non-Compete Agreements

On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy, which encourages the Federal Trade Commission (“FTC”) to employ its statutory rulemaking authority “to curtail the…more

Biden Administration, Competition, Executive Orders, Federal Trade Commission (FTC), Non-Compete Agreements

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New Jersey Extends Benefits and Protections to Workers Impacted by COVID-19

On March 25, 2020, by signing legislative bill S2304 into law, Governor Philip Murphy expanded the availability of benefits under the state’s Temporary Disability Insurance (“TDI”) and Family Leave Insurance (“FLI”) programs to…more

Coronavirus/COVID-19, Disability Benefits, New Legislation, Sick Leave, Sick Pay

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Sharing Scientific Information with HCPs on Unapproved Uses of Medical Products: Dos and Don’ts Under FDA’s New Draft Guidance

In October 2023, the FDA released draft guidance entitled “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared Medical Products: Questions and Answers…more

Food and Drug Administration (FDA), Health Care Providers, Healthcare, Information Sharing, Life Sciences

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Illinois Lawmakers Pass Numerous Bills Affecting Employers

In a flurry of activity into the wee hours of June 2, 2021, Illinois legislators concluded a spring session that saw the passage of numerous measures that will affect employers in the state across the span of the employment…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Non-Compete Agreements, Non-Solicitation Agreements

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Caution - Employers Merge Ahead: Massachusetts Holding Endorses Potential Liability for “Joint Employers”

The Massachusetts appellate court decision in Tran v. Jennings Road Management, Corp., et al, gave the green light to an employee to pursue class action claims against her direct employer as well as a separate management company…more

Class Action, Employee Handbooks, Employer Liability Issues, Employment Litigation, Employment Policies

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“Unsworn” Attorney Affirmations: Overlooked Side Effect of Changes to CPLR 2106

By now, most New York practitioners are aware (or at least have heard) of the recent changes to CPLR 2106, which was amended as of January 1, 2024 to allow “any person” to submit an affirmation “in lieu of and with the same…more

Business Litigation, Commercial Court, CPLR, Litigation Strategies, Rules of Court

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The Implied Covenant of Good Faith and Fair Dealing in Healthcare: Insights from the Supreme Court of New Jersey

The Supreme Court of New Jersey recently issued its decision in Comprehensive Neurosurgical, P.C. v. Valley Hospital, vacating a $24.3 million award to a neurosurgery practice…more

Contract Terms, Covenant of Good Faith and Fair Dealing, Healthcare, Implied Covenants, NJ Supreme Court

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[Virtual Conference] The Process of Undergoing a Strategic Medical Practice Transaction: 2021 Physician Transactions Conference - April 27th, 7:30 pm - 8:45 pm ET

A Complimentary Four-Part Webinar Series Geared Towards Educating Physicians and Physician Groups - In light of the COVID-19 pandemic and its ensuing aftermath, more physicians than ever are considering and entering into…more

Closing Documents, Contract Negotiations, Coronavirus/COVID-19, Due Diligence, Health Care Providers

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Interested in Opening a Medical Spa? (Part II): Here’s (More) That You Need to Know

In April, we shared with you our thoughts on what to consider before opening in or investing in a medical spa, thinking about corporate structure, scope of practice, licenses and registrations, referral restrictions, HIPAA and…more

Business Development, Cosmetic Surgery, Doing Business, Health and Safety, Health Care Providers

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SAMHSA Final Rule Regarding OTPs Expands Access, Increases Flexibility for Patients

On February 1, 2024, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule revising 42 CFR Part 8, which regulates opioid treatment programs (OTPs). The final rule is the first update to the…more

Drug Distribution, Final Rules, Food & Drug Regulations, Health Care Providers, Healthcare

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New Jersey Publishes Proposed Regulations as the Temporary Workers’ Bill of Rights Takes Effect

As we previously reported, on May 8, 2023, the New Jersey Department of Labor and Workforce Development (“NJDOL”) published a web page providing guidance in the form of Frequently Asked Questions (the “FAQs”) to assist employers…more

Employee Rights, Employees, Employer Liability Issues, Labor Reform, New Jersey

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New Coverage, Delivery, and Payment for Health-Related Social Needs Services Under New York’s Approved 1115 Medicaid Waiver Amendment

On January 9, 2024, the Centers for Medicare & Medicaid Services (CMS) approved New York’s recent 1115 demonstration waiver. Among other things, this most recent demonstration waiver provides significant federal funding to…more

Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare, New York, Social Security Act

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Workplace Violence in Health Care: Dissecting the Legal Landscape and Implications for Employers – Diagnosing Health Care

Workplace violence in health care settings is on the rise, capturing the attention of both state and federal lawmakers. As awareness grows, so too does legal scrutiny and the push for new regulations and enforcement. In these…more

Employment Policies, Health Care Providers, Healthcare Facilities, Hospitals, New Regulations

See all updates »

Red Pencil, Blue Pencil, or Something In Between? Ohio Court of Appeals Declines to Modify Overbroad Non-Competition Agreement

Ohio has long recognized the enforceability of non-compete agreements. Broadly speaking, a court can do one of three things with an unenforceable non-compete agreement: (1) the court can apply the “red pencil” doctrine and…more

Blue Pencil Contract Modification, Contract Terms, Employee Mobility, Employer Liability Issues, Employment Contract

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Chicago’s Paid Leave and Paid Sick Leave Ordinance Takes Effect Soon – Are You Ready?

Beginning on July 1, 2024, employers in Chicago must begin to comply with significant new obligations that further complicate a tangle of state and local laws mandating paid leave…more

Employee Benefits, Employer Liability Issues, Employment Litigation, Employment Policies, Human Resources Professionals

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The Department of Justice’s COVID-19 Enforcement Task Force 2024 Report: A Continued Commitment to Combatting COVID-19-Related Fraud

Since the pandemic, COVID-19-related fraud has been a consistent target of the Department of Justice…more

Anti-Fraud Provisions, Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ)

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Texas Joins Florida in Prohibiting Private Employers From Imposing Vaccine Mandates

On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine…more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates, Employment Policies

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Court of Appeals for the Tenth Circuit Rules That Secretly Recording Co-Workers Dooms Retaliation Claim

The Tenth Circuit recently reaffirmed that employers may lawfully enforce a policy against surreptitious recordings. In Spagnolia v. Charter Communications, LLC, the United States Court of Appeals for the Tenth Circuit…more

Employee Benefits, Employment Litigation, Employment Policies, Hiring & Firing, Lactation Accommodation

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New London Connecticut Superior Court Jury Awards $839,423 Verdict for Theft of U.S. Navy Underwater Drone Project Trade Secrets

A New London Connecticut Superior Court jury awarded an $839,423 verdict in November 2019, involving theft of trade secrets for a $70 million U.S. Navy underwater drone project. This case, LBI, Inc. v. Sparks, et al.,…more

Cloud Storage, Confidential Information, Contract Terms, Drones, Electronically Stored Information

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Breaking Down the Legal Challenges Surrounding State Licensure Restrictions for Telehealth Providers

Late last year, the case Shannon MacDonald, MD, et al v. Otto Sabando was filed in the U.S. District Court for the District of New Jersey. The plaintiffs claimed that New Jersey’s licensure restrictions on the use of telehealth…more

Commerce Clause, Fourteenth Amendment, Health Care Providers, Licenses, New Jersey

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New Proposed Federal Legislation Takes Aim at Concerns Regarding Perceived “Looting” of Health Care Systems by Private Equity Investors

On June 11, 2024, U.S. Senators Ed Markey and Elizabeth Warren from Massachusetts, introduced proposed legislation titled The Corporate Crimes Against Health Care Act (“CCAHCA”), aimed at addressing a perceived “looting” of…more

Health Care Providers, Healthcare Facilities, Investors, Private Equity, Private Equity Firms

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#WorkforceWednesday: Latest Developments – Restrictive Covenants in the Health Care Industry - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we’re discussing the current state of restrictive covenants in the health care industry: Restrictive covenants are…more

Confidential Information, Employment Contract, Health Care Providers, Hiring & Firing, Intellectual Property Protection

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Thoughts: AB 3129 Expands Its Reach

Recently, the California Legislature made a series of major revisions to Assembly Bill 3129 (“AB 3129” or “the Bill”), a highly anticipated piece of legislation expected to have a substantial impact on transactions in…more

Acquisition Agreements, Corporate Sales Transactions, Healthcare, Hedge Funds, Investment

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Emerging Issues Affecting Blockchain and Cryptocurrency

Last week, blockchain analysis firm, Chainalysis, held its annual conference, Links 2023, in New York City, where private and public sector leaders met to discuss emerging issues impacting the blockchain, cryptocurrency, and…more

Blockchain, CFTC, Cryptocurrency, Cybersecurity, Digital Assets

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New York Wage & Hour Update: New York Appellate Division, Second Department, Finds No Private Right of Action for Frequency of Pay Claims and Governor Hochul Proposes Amendments to Limit Recovery of Liquidated Damages for Frequency of Pay Claims

On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law…more

Employees, Employment Litigation, Labor Law Violations, New York, NY Supreme Court

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“They Said What?! I’ll Sue!” – Litigating Defamatory Claims – Speaking of Litigation Video Podcast

As the spotlight on high-profile judgments intensifies, terms such as “libel,” “slander,” and “defamation” permeate public discourse. Former U.S. presidents, A-list celebrities, and even college professors and local business…more

Defamation, First Amendment, Free Speech, Reputation Management

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Texas Joins Florida in Prohibiting Private Employers From Imposing Vaccine Mandates

On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine…more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates, Employment Policies

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Thoughts: AB 3129 Expands Its Reach

Recently, the California Legislature made a series of major revisions to Assembly Bill 3129 (“AB 3129” or “the Bill”), a highly anticipated piece of legislation expected to have a substantial impact on transactions in…more

Acquisition Agreements, Corporate Sales Transactions, Healthcare, Hedge Funds, Investment

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HHS Publishes Final Rule to Support Reproductive Health Care Privacy

The Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization to eliminate the federal constitutional right to abortion continues to alter the legal landscape across the country. On April 26, 2024, the U.S…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Final Rules

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Bicycles, Trains, and Automobiles: Illinois to Require Employers to Offer Pre-Tax Transportation Fringe Benefits

On July 28, 2023, Governor J.B. Pritzker signed into law House Bill No. 2068, “Transportation Benefits Program Act” (“Illinois Transit Law”), which requires employers to offer pre-tax transportation fringe benefits (“Transit…more

Compensation & Benefits, Employee Benefits, Employees, Fringe Benefits, Illinois

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On Trend: New Pay Equity Laws Coming to Massachusetts, Minnesota, and Vermont in 2025

The Commonwealth of Massachusetts is the latest of many jurisdictions—including neighboring Vermont as well as Minnesota—to adopt new laws promoting pay equity…more

Corporate Counsel, Employer Liability Issues, Equal Pay, Gender Equity, Gender-Based Pay Discrimination

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Union Organizing at Retail and Food Service Businesses Gets Boost from New York City “Labor Peace” Executive Order

Summary of the Executive Order - New York City retail and food service unions got a boost recently when Mayor Bill de Blasio signed an Executive Order titled “Labor Peace for Retail Establishments at City Development…more

Covered Employer, Employer Mandates, Executive Orders, Federal Contractors, Restaurant Industry

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The Future of Laboratory Testing Just Got a Little Clearer: FDA's Final Rule on LDTs – Diagnosing Health Care

Laboratories in the United States are facing a major regulatory landscape shift. The U.S. Food and Drug Administration (FDA) has finalized a new rule ending its historical blanket enforcement discretion over laboratory…more

Clinical Laboratory Testing, Food and Drug Administration (FDA), Laboratory Developed Tests, Life Sciences, Pharmaceutical Industry

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Plaintiffs in California Putative Class Action Lose Numerous Challenges to Enforcing Arbitration, Barring Unclean Hands

In Elijah Baer, et al. v. Tesla Motors, Inc., fifteen plaintiffs filed a putative class and Private Attorneys General Act (“PAGA”) representative action lawsuit against Tesla, Inc. (“Tesla”) alleging wage-hour violations of…more

Arbitration, Arbitration Agreements, California, Employment Litigation, Putative Class Actions

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FDA Issues Final Guidance on Informed Consent for IRBs, Clinical Investigators, and Sponsors

On August 15, 2023, the U.S. Food and Drug Administration (“FDA”) released final guidance on informed consent for clinical investigations (“Final Guidance”). This update follows FDA’s draft guidance, which was issued in July…more

Clinical Trials, Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare, Informed Consent

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U.S. Department of Labor Issues Final Overtime Rule Raising Salary Thresholds

On April 23, 2024, the U.S. Department of Labor (“DOL”) announced a new final rule through which it has significantly raised the bar for businesses to continue to classify their employees as exempt from overtime pursuant to the…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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FDA Issues Long-Anticipated Draft Guidance on Diversity Action Plans

The Food and Drug Omnibus Reform Act of 2022 (“FDORA” or the “Act”), signed into law on December 29, 2022, required, in part, drug and device manufacturers to submit Diversity Action Plans to the U.S. Food and Drug…more

Clinical Trials, Diversity, Food and Drug Administration (FDA), Life Sciences, Manufacturers

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DOJ Launches the Corporate Whistleblower Awards Pilot Program

On August 1, 2024, the Department of Justice (“DOJ”) launched the Corporate Whistleblower Awards Pilot Program (“Pilot Program”), a three-year initiative managed by the Criminal Division’s Money Laundering and Asset Recover…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Federal Pilot Programs, Incentives

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The Ground Continues to Shift in Wage and Hour Law

A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would soon…more

Arbitration, Barack Obama, Class Action Arbitration Waivers, Department of Labor (DOL), Employee Definition

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HHS Publishes Proposed “Disincentives Rule” to Prevent Information Blocking by Health Care Providers

The U.S. Department of Health and Human Services (HHS)—through the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC)—recently published a proposed…more

21st Century Cures Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Health Information Technologies

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#WorkforceWednesday® - SpaceX Victory: Court Questions NLRB's Constitutional Authority - Employment Law This Week®

This week, we’re examining a Texas court's recent decision that questions the constitutional authority of the National Labor Relations Board (NLRB): Last week, a Texas district judge challenged the constitutionality of the…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Constitutional Challenges, Labor Relations

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CMS Issues Mandatory “TEAM Model” for Acute Care Hospitals to Improve Episode-Based Alternative Payments and Advance Accountable Care Relationships

On August 1, 2024, the Centers for Medicare & Medicaid Services (CMS) released a final rule updating the Medicare inpatient prospective payment system (IPPS) for acute care hospitals and the Medicare prospective payment system…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare, Healthcare Reform

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Act Now Advisory: Amendment to New Jersey Law Against Discrimination Provides Protection for Employees Investigating Pay Inequity

A recent amendment to the New Jersey Law Against Discrimination ("NJLAD") prohibits employers from retaliating against employees who request certain information from co-workers regarding their salary, benefits, or other job…more

Anti-Discrimination Policies, Discrimination, Employee Benefits, NLRA, Request For Information

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Workplace Violence in Health Care: Dissecting the Legal Landscape and Implications for Employers – Diagnosing Health Care

Workplace violence in health care settings is on the rise, capturing the attention of both state and federal lawmakers. As awareness grows, so too does legal scrutiny and the push for new regulations and enforcement. In these…more

Employment Policies, Health Care Providers, Healthcare Facilities, Hospitals, New Regulations

See all updates »

NJ Workers Involved in Labor Disputes Now Qualify for Increased Access to State Unemployment Benefits

On April 24, 2023, just ten days after Rutgers University faculty ended their week-long strike, Governor Murphy signed bill A4772/S3215 providing workers with increased access to unemployment insurance benefits during labor…more

Employee Rights, Labor Disputes, Labor Reform, New Jersey, New Legislation

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Forecast for Telehealth Fraud and Abuse Risk in 2021 - Diagnosing Health Care Podcast

This Diagnosing Health Care episode examines the fraud and abuse enforcement landscape in the telehealth space and considers ways telehealth providers can mitigate their enforcement risks as they move into the new year. Hear how…more

Enforcement Actions, Fraud and Abuse, Health Care Providers, Healthcare Fraud, Risk Mitigation

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The Department of Justice’s Criminal Division Launches a Pilot Program on Voluntary Self-Disclosures for Individuals

Since October 2021, the Department of Justice (DOJ) has been implementing a variety of changes to its corporate criminal enforcement policies. These efforts all reflect DOJ’s focus on individual accountability, punishing…more

Corporate Misconduct, Corruption, Criminal Prosecution, Department of Justice (DOJ), FCPA Corporate Enforcement Policy (CEP)

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New Coverage, Delivery, and Payment for Health-Related Social Needs Services Under New York’s Approved 1115 Medicaid Waiver Amendment

On January 9, 2024, the Centers for Medicare & Medicaid Services (CMS) approved New York’s recent 1115 demonstration waiver. Among other things, this most recent demonstration waiver provides significant federal funding to…more

Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare, New York, Social Security Act

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Consumer Privacy Update: What Organizations Need to Know About Impending State Privacy Laws Going into Effect in 2024 and 2025

Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Disclosure Requirements

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Time Is Money: A Quick Wage-Hour Tip on … California Workplace Poster Requirements and Their Application to Remote Employees

Handbooks are developed to outline policies and procedures employees must abide by in the workplace.  But a handbook serves a dual, equally important purpose:  to act as an operable defense against workplace claims brought by…more

California, Employee Handbooks, Employees, Employer Liability Issues, Employment Policies

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Five More Employee Benefits and Executive Compensation Topics to Address in the New Year - Take 5 Newsletter

From year to year (and sometimes week to week), there never seems to be a shortage of issues and questions for employee benefit plan sponsors and fiduciaries, as well as compensation committees, to address in order to maintain…more

401k, Benefit Plan Sponsors, Choice-of-Law, COBRA, Compensation & Benefits

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Product Launching in the Era of COVID-19 - Diagnosing Health Care Podcast

This Diagnosing Health Care episode looks at the adjustments to business operations and compliance programs that pharmaceutical and medical device companies need to consider as they launch new products during the ongoing…more

Clinical Trials, Coronavirus/COVID-19, Health Care Providers, Life Sciences, Manufacturer Liability

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Mental Health Parity: Federal Departments of Labor, Treasury, and Health Release Landmark Regulations

On September 9, 2024, the three federal departments responsible for regulating the health care benefits for more than 175 million Americans with private health insurance issued a final rule (the “Final Rule”) implementing…more

Addiction Equity Act, Consolidated Appropriations Act (CAA), Corporate Counsel, Department of Health and Human Services (HHS), Department of Labor (DOL)

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Court of Appeals for the Tenth Circuit Rules That Secretly Recording Co-Workers Dooms Retaliation Claim

The Tenth Circuit recently reaffirmed that employers may lawfully enforce a policy against surreptitious recordings. In Spagnolia v. Charter Communications, LLC, the United States Court of Appeals for the Tenth Circuit…more

Employee Benefits, Employment Litigation, Employment Policies, Hiring & Firing, Lactation Accommodation

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DOJ’s FY 2022 False Claims Act Recoveries: A Mixed Bag

On February 7, 2023, the U.S. Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics for fiscal year (FY) 2022, which ended on September 30, 2022. While total recoveries exceeded $2.2…more

Department of Justice (DOJ), Enforcement Priorities, False Claims Act (FCA), Life Sciences

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Seventh Circuit Holds That USERRA May Require Paid Leave During Short-Term Military Leave

Among other provisions, the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) mandates that covered employers generally must provide employees on USERRA leave with the same “rights and benefits”…more

Employer Liability Issues, Employment Discrimination, Employment Policies, Hiring & Firing, Military Leave

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OSHA’s New Walkaround Rule Potentially Grants Union Representatives Access to Safety Investigations

On Friday, March 29, 2024, the U.S. Occupational Safety and Health Administration (OSHA) issued a final rule, effective May 31, that permits non-employees to accompany and advise OSHA officials during workplace safety and health…more

Employer Liability Issues, New Rules, OSHA, Safety Inspections, Union Representatives

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EEO-1 Filing After June 4: What to Do Now, and How to Prepare for Next Year - Employment Law This Week®

This week, we’re focused on the Equal Employment Opportunity Commission’s (EEOC’s) filing requirements for the EEO-1 Component 1 data: The EEOC requires private employers with 100 or more employees, as well as certain federal…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Federal Contractors, Reporting Requirements

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#WorkforceWednesday: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week®

This week, we’re diving into arbitration agreements and learning some best practices for employers when crafting these agreements: Employers often include arbitration agreements in their onboarding and other employee materials…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract, Employment Litigation

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Red Pencil, Blue Pencil, or Something In Between? Ohio Court of Appeals Declines to Modify Overbroad Non-Competition Agreement

Ohio has long recognized the enforceability of non-compete agreements. Broadly speaking, a court can do one of three things with an unenforceable non-compete agreement: (1) the court can apply the “red pencil” doctrine and…more

Blue Pencil Contract Modification, Contract Terms, Employee Mobility, Employer Liability Issues, Employment Contract

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CMS Rules Propose Changes Regarding the Medicare Prescription Drug Inflation Rebate Program, Refundable Drugs, Skin Supplements and More; Comments Due September 9

On July 31, the Centers for Medicare and Medicaid Services (“CMS”) published its mammoth proposed rule entitled “Medicare and Medicaid Programs: Calendar Year 2025 Payment Policies under the Physician Fee Schedule and Other…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Medicaid, Medicare

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Fifth Circuit Narrows Application of the Crime-Fraud Exception to the Attorney-Client Privilege in Investigations

Recently, in Lewis v. Crochet et al., the United States Court of Appeals for the Fifth Circuit rejected an attempt by a plaintiff to use the crime-fraud exception to the attorney-client privilege to compel two lawyers’…more

Attorney-Client Privilege, Crime-Fraud Exception, Employment Litigation, Labor Law Violations, Work-Product Doctrine

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Update: Alabama Legislature Moves to Shield IVF from “Personhood” Ruling

In response to the recent turmoil caused by the Alabama Supreme Court’s February 16th ruling in LePage et al., v. The Center for Reproductive Medicine et al. and Burdick-Aysenne et al., v. The Center for Reproductive Medicine et…more

Alabama, Criminal Liability, Genetic Materials, Healthcare, Human Embryos

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Immediate Action Required: Make the Swift Switch to the New Form I-9

As we previously reported, this summer, the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Homeland Security (DHS) announced significant updates to enhance the employment verification process. In…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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New Jersey’s “Road Back”: Rules of the Road, Exits Reached, and the Way Ahead

In March 2020, New Jersey Governor Phil Murphy issued Executive Orders 104 and 107, closing or restricting all but certain designated “essential” businesses, and generally requiring residents to stay at home (unless engaging in…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Executive Orders, Governor Murphy, Infectious Diseases

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CMS Wins on Partial Appeal—D.C. Circuit Court Rules Against United’s Initially Successful Challenge to the Medicare Part C Overpayment Rule

On August 13, 2021, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), in a much-anticipated decision, unanimously reversed rulings by the U.S. District Court for the District of Columbia (“District…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Medicaid

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NLRB Adopts Expedited Election Rules, Effective April 15, 2015

After a series of false starts, on December 12, 2014, the National Labor Relations Board (“NLRB” or “Board”) adopted a 733-page final rule (“Final Rule”) that will significantly change the Board’s longstanding union election…more

Final Rules, NLRB, Quickie Election Rules, Union Elections, Unions

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Medical Diagnostic Equipment Accessibility Regulations Announced by DOJ Under Title II of ADA

To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for…more

Accessibility Rules, Americans with Disabilities Act (ADA), Department of Justice (DOJ), Final Rules, Healthcare

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Disclosure List of Federal Contractor EEO-1 Reports Posted – Deadline to Object Extended to March 3, 2023, including for First-Time Objectors

As we previously reported, the US Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) announced back in August 2022, that it had received a Freedom of Information Act (“FOIA”) request from the Center…more

EEO-1, Federal Contractors, FOIA, OFCCP, Wage and Hour

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#WorkforceWednesday®: After the Block - What’s Next for Employers and Non-Competes? - Spilling Secrets Podcast - Employment Law This Week®

This week, on our Spilling Secrets podcast series, our panelists delve into the implications for employers following the recent blockage of the Federal Trade Commission’s (FTC’s) non-compete ban. On August 20, 2024, the U.S…more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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FTC and DOJ Signal Continued Interest in Labor Markets with New MOU

On August 28, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) entered into a new Memorandum of Understanding (MOU) with the U.S. Department of Labor (DOL) and the National Labor Relations Board…more

Antitrust Investigations, Department of Justice (DOJ), Department of Labor (DOL), Federal Trade Commission (FTC), Memorandum of Understanding

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OSHA’s New Walkaround Rule Potentially Grants Union Representatives Access to Safety Investigations

On Friday, March 29, 2024, the U.S. Occupational Safety and Health Administration (OSHA) issued a final rule, effective May 31, that permits non-employees to accompany and advise OSHA officials during workplace safety and health…more

Employer Liability Issues, New Rules, OSHA, Safety Inspections, Union Representatives

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California Governor’s PAGA Deal: What Employers Need to Know - Employment Law This Week®

This week, we’re examining California Governor Gavin Newsom’s new deal that was brokered to amend the Private Attorneys General Act of 2004 (PAGA): Last week, Governor Newsom announced that California’s business and labor…more

Employer Liability Issues, Employment Litigation, Governor Newsom, Labor Law Violations, Private Attorneys General Act (PAGA)

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Texas Supreme Court Declines Opportunity to Hear Personhood Case

On Friday, June 14, the Texas Supreme Court declined to consider a case that asked the Court to determine whether frozen embryos are persons or property under Texas law…more

Abortion, Child Custody, Divorce, Dobbs v. Jackson Women’s Health Organization, Genetic Materials

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#WorkforceWednesday® - SpaceX Victory: Court Questions NLRB's Constitutional Authority - Employment Law This Week®

This week, we’re examining a Texas court's recent decision that questions the constitutional authority of the National Labor Relations Board (NLRB): Last week, a Texas district judge challenged the constitutionality of the…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Constitutional Challenges, Labor Relations

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CMS Rules Propose Changes Regarding the Medicare Prescription Drug Inflation Rebate Program, Refundable Drugs, Skin Supplements and More; Comments Due September 9

On July 31, the Centers for Medicare and Medicaid Services (“CMS”) published its mammoth proposed rule entitled “Medicare and Medicaid Programs: Calendar Year 2025 Payment Policies under the Physician Fee Schedule and Other…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Medicaid, Medicare

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DOJ Criminal Fraud Section’s Annual Health Care Fraud Enforcement Action: “We Are a Target-Rich Environment”

On June 27, 2024, the U.S. Department of Justice (“DOJ”) and the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), along with other federal and state law enforcement partners, announced the…more

Criminal Prosecution, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, Health Care Providers

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Podcast: 2023 Deal Cycle - Considerations for Transactions in Uncertain Economic Times - Diagnosing Health Care

The Federal Reserve’s steady increase of interest rates and the slowed economic growth have increased fiscal pressure on health care providers, leaving many to look for ways to bridge budget shortfalls through injections of…more

Economic Growth, Federal Reserve, Health Care Providers, Healthcare, Interest Rates

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#WorkforceWednesday: Remote and Hybrid Work Policies, COVID-19 Positivity, NLRB/FTC Team Up on Non-Competes - Employment Law This Week®

This week, we look at the business, legal, and tax implications of making decisions on a trend that’s here to stay: remote work. Important Considerations for Remote and Hybrid Work Policies (see video attached) Employers…more

Coronavirus/COVID-19, Double Taxation, Employer Liability Issues, Employment Policies, Popular

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#WorkforceWednesday: Protecting Trade Secrets with E-Discovery - Employment Law This Week® - Spilling Secrets Podcast

This week, on our Spilling Secrets podcast series, we underscore the importance of e-discovery in trade secret and restrictive covenant cases and look at how employers can use electronically stored information (ESI) to protect…more

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What to Do When Your Distribution Checks Stop Arriving

For months, if not years, you received distribution checks from the business in which you own an interest. The funds came without question and like clockwork. You relied on them. Then suddenly, they stopped coming. Is this the…more

Business Disputes, Corporate Governance, Distribution Rules, Dividends, Limited Liability Company (LLC)

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#WorkforceWednesday: Invention Ownership - Why the Tense Matters in Employee IP Provisions - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we uncover the essential steps employers should take to secure employees’ trade secrets from day one of their…more

Confidential Information, Employment Contract, Intellectual Property Protection, Inventions, IP License

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Podcast: Post-Dobbs - One Year Later - Diagnosing Health Care

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization one year ago overturned 50 years of legal precedent protecting the constitutional right to abortion in the United States, leaving the question of…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Health Care Providers, Patient Access, Pregnancy

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Stark Law Updates Aimed at Advancing the Transition to Value-Based Care: CMS Issues a Final Rule Creating New Exceptions for Value-Based Arrangements

On December 2, 2020, the Centers for Medicare & Medicaid Services (“CMS”) and the Office of Inspector General (“OIG”) of the Department of Health and Human Services (“HHS”) published in the Federal Register companion final rules…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Department of Health and Human Services (HHS), Health Care Providers

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EEO-1 Filing After June 4: What to Do Now, and How to Prepare for Next Year - Employment Law This Week®

This week, we’re focused on the Equal Employment Opportunity Commission’s (EEOC’s) filing requirements for the EEO-1 Component 1 data: The EEOC requires private employers with 100 or more employees, as well as certain federal…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Federal Contractors, Reporting Requirements

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FTC and DOJ Signal Continued Interest in Labor Markets with New MOU

On August 28, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) entered into a new Memorandum of Understanding (MOU) with the U.S. Department of Labor (DOL) and the National Labor Relations Board…more

Antitrust Investigations, Department of Justice (DOJ), Department of Labor (DOL), Federal Trade Commission (FTC), Memorandum of Understanding

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Final Medicaid Managed Care Rule Updates Requirements Regarding Access, Finance, and Quality

On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) issued the Medicaid and Children’s Health Insurance Program Managed Care Access, Finance and Quality Final Rule, a final rule that updates several regulatory…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare

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Supreme Court Alters the Administrative State: Loper and Relentless Decision Shifts Authority from Administrative Agencies and Creates Uncertainty

It goes without saying that the actions of federal regulatory agencies greatly affect many essential aspects of our daily lives, among them the delivery of medical services, medicines, and therapeutic devices and the…more

Administrative Procedure Act, Chevron Deference, Government Agencies, Loper Bright Enterprises v Raimondo, Regulatory Authority

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#WorkforceWednesday: What Is the Future of Non-Compete Agreements for Employers? - Spilling Secrets Podcast

This week, on our Spilling Secrets podcast series, our panelists discuss the ongoing legal challenges to the Federal Trade Commission’s (FTC’s) nationwide non-compete ban and what the future may hold for employers: On July 23,…more

Federal Trade Commission (FTC), Non-Compete Agreements, Popular

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Injunctions for All – Speaking of Litigation Podcast

Conjunction “injunction,” what’s your function? Preliminary injunctions and temporary restraining orders can prove useful in a counsel’s attempt to preserve evidence, prove irreparable harm, protect trade secrets, stop…more

Injunctions, Injunctive Relief, Litigation Strategies, Preliminary Injunctions

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#WorkforceWednesday®: After the Block - What’s Next for Employers and Non-Competes? - Spilling Secrets Podcast - Employment Law This Week®

This week, on our Spilling Secrets podcast series, our panelists delve into the implications for employers following the recent blockage of the Federal Trade Commission’s (FTC’s) non-compete ban. On August 20, 2024, the U.S…more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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FDA Issues Final Guidance on Informed Consent for IRBs, Clinical Investigators, and Sponsors

On August 15, 2023, the U.S. Food and Drug Administration (“FDA”) released final guidance on informed consent for clinical investigations (“Final Guidance”). This update follows FDA’s draft guidance, which was issued in July…more

Clinical Trials, Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare, Informed Consent

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Corporate Transparency Act Brings Expansive New Federal Reporting Requirements for Entities in 2024

Beginning January 1, 2024, certain legal entities and their beneficial owners will face significant new reporting requirements in the United States.   Under the Corporate Transparency Act (including the corresponding rules, the…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Corruption, Financial Crimes

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California Finalizes SB 184 Pre-Transaction Notice Requirements for “Material Change” Health Care Transactions

On December 18, 2023, the California Office of Administrative Law approved the emergency regulations promulgated by the Office of Health Care Affordability (OHCA) that set forth the procedural framework for (i) the…more

California, Health Care Providers, Health Insurance, Healthcare, Healthcare Reform

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Dissecting the New FTC Final Rule That Regulates “Fake Reviews” and More

On August 14, 2024, the Federal Trade Commission (“FTC”) announced a new final rule aimed at regulating fake consumer reviews, testimonials, insider reviews, company-controlled websites, and fake indicators of social media…more

Advertising, Endorsements, Fake Reviews, Federal Trade Commission (FTC), FTC Act

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CMS Finalizes Medicaid Access Rule: Significant Changes Ahead for HCBS Industry

On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) issued Ensuring Access to Medicaid Services, a final rule designed to address a range of barriers that Medicaid beneficiaries face in accessing home- and…more

Centers for Medicare & Medicaid Services (CMS), Fair Labor Standards Act (FLSA), Health Care Providers, Healthcare, Healthcare Reform

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DOJ’s FY 2023 Statistics: Highest Number of Settlements, Judgments, and Civil Investigative Demands in History and a Continued Health Care Focus

On February 22, 2024, the U.S. Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics for fiscal year (FY) 2023, which ended on September 30, 2023. While the $2.68 billion in total…more

Civil Investigation Demand, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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#WorkforceWednesday®: Staples Sued Over MA’s Lie Detector Notice, NJ’s Gender-Neutral Dress Code, 2024 Voting Leave Policies - Employment Law This Week®

This week, we’re highlighting a few state-level employment issues, including the legal challenges faced by Staples Inc. regarding the Massachusetts lie detector ban; New Jersey’s implementation of a gender-neutral dress code for…more

Dress Codes, Employer Liability Issues, Employment Discrimination, Employment Policies, Gender Neutral

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CMS Rules Propose Changes Regarding the Medicare Prescription Drug Inflation Rebate Program, Refundable Drugs, Skin Supplements and More; Comments Due September 9

On July 31, the Centers for Medicare and Medicaid Services (“CMS”) published its mammoth proposed rule entitled “Medicare and Medicaid Programs: Calendar Year 2025 Payment Policies under the Physician Fee Schedule and Other…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Medicaid, Medicare

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President Biden Revokes Trump Administration’s Workplace Diversity Training Restrictions

On his first day in Office, President Biden issued Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (“Executive Order”), stating that “[i]t is . . . the…more

Biden Administration, Diversity, Diversity and Inclusion Standards (D&I), Employee Training, Executive Orders

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Health Care Workers Engaged in Treatment, Payment, or Operations Excluded by BIPA

As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employee Privacy Rights

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Corporate Transparency Act Brings Expansive New Federal Reporting Requirements for Entities in 2024

Beginning January 1, 2024, certain legal entities and their beneficial owners will face significant new reporting requirements in the United States.   Under the Corporate Transparency Act (including the corresponding rules, the…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Corruption, Financial Crimes

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Navigating Legal Risk in Real Estate Development - Speaking of Litigation Podcast

The old adage about real estate is “location, location, location!” In this Speaking of Litigation podcast episode, however, the central theme shifts to “litigation, litigation, litigation!” as the discussion focuses on the…more

Real Estate Development, Risk Management

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Mental Health Parity: Federal Departments of Labor, Treasury, and Health Release Landmark Regulations

On September 9, 2024, the three federal departments responsible for regulating the health care benefits for more than 175 million Americans with private health insurance issued a final rule (the “Final Rule”) implementing…more

Addiction Equity Act, Consolidated Appropriations Act (CAA), Corporate Counsel, Department of Health and Human Services (HHS), Department of Labor (DOL)

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On Trend: New Pay Equity Laws Coming to Massachusetts, Minnesota, and Vermont in 2025

The Commonwealth of Massachusetts is the latest of many jurisdictions—including neighboring Vermont as well as Minnesota—to adopt new laws promoting pay equity…more

Corporate Counsel, Employer Liability Issues, Equal Pay, Gender Equity, Gender-Based Pay Discrimination

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Trial by Tech: The Evolution of the Digital Courtroom – Speaking of Litigation Video Podcast

Ever wondered how courtroom battles have evolved with the rise of technology? Join us on this episode of Speaking of Litigation as Epstein Becker Green litigators Ken Kelly, Eric Moran, and Ed Yennock explore how technological…more

Case Management, e-Discovery Professionals, Information Technology, Law Firm Associates, Law Firm Partners

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CMS Issues Mandatory “TEAM Model” for Acute Care Hospitals to Improve Episode-Based Alternative Payments and Advance Accountable Care Relationships

On August 1, 2024, the Centers for Medicare & Medicaid Services (CMS) released a final rule updating the Medicare inpatient prospective payment system (IPPS) for acute care hospitals and the Medicare prospective payment system…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare, Healthcare Reform

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Importance of Negotiating Tenant Improvement Allowance Provisions in Health Care Leases

In our ongoing series of blog posts, we have examined key negotiating points for tenants in triple net health care leases. We also have offered suggestions for certain lease provisions designed to protect tenants from…more

Healthcare, Healthcare Facilities, Landlords, Lease Term, Leases

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CMS Announces Comprehensive Plan to Ensure EMTALA Compliance

CMS’s New Actions Related to EMTALA - On January 22, 2024, the Department of Health and Human Services (HHS) announced that, through the Centers for Medicare & Medicaid Services (CMS), it will launch a comprehensive plan…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), EMTALA, Health Care Providers, Healthcare

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