Your search for “Alert” returned the following results:
- WORKPLACE LAW LOWDOWN | MEDICAL RESIDENT CAN SUE FOR SEXUAL HARASSMENT UNDER TITLE IX
04/28/2017In Doe v. Mercy Catholic Medical Center, the U.S. Court of Appeals for the Third Circuit held that a medical resident could sue her employer medical center for sexual harassment under Title IX because its medical residency program was an education program or activity that received federal financial assistance in the form of Medicare payments.
- WORKPLACE LAW LOWDOWN | THE BILL O'REILLY TEACHING FACTOR
04/28/2017Whether you love him or hate him, Bill O’Reilly’s departure from Fox News provides lessons for all employers regarding sexual harassment in the workplace. Labor and Employment attorney Donald H. Scharg gives us five takeaways.
- EMPLOYEE BENEFITS SUMMARY REPORT | APRIL 21, 2017: Here's What You Need to Know in the World of Employee Benefits and Executive Compensation
04/21/2017In this edition's Summary Report: DOL delays Fiduciary Rule applicability date to June 9, AHCA is killed, DOL releases annual report to Congress on Self-Insured Health Plans, PEWPA introduced to Congress, and Ninth Circuit rules that providers can't sue Blues Plans under ERISA for practices used to recoup allegedly erroneous payments.
- WORKPLACE LAW LOWDOWN | SUPREME COURT RULES DISTRICT COURT DECISIONS ABOUT EEOC SUBPOENAS ARE ENTITLED TO DEFERENCE
04/13/2017In McLane Co., Inc. v. EEOC, the U.S. Supreme Court noted that district courts are well suited to determine whether requested information is relevant or burdensome in light of the circumstances when deciding whether to enforce a subpoena issued by the EEOC. The Supreme Court's ruling is good news for employers.
- WORKPLACE LAW LOWDOWN | BREAKING NEWS: SEVENTH CIRCUIT RULES THAT TITLE VII COVERS SEXUAL ORIENTATION
04/05/2017On April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to expand the protections of Title VII of the Civil Rights Act to discrimination on the basis of sexual orientation.
- WORKPLACE LAW LOWDOWN | FTC AND DOJ CAUTION HR PROFESSIONALS TO WATCH OUT FOR ANTITRUST VIOLATIONS
03/31/2017On October 20, 2016, the FTC and DOJ Antitrust Division issued a Guidance for HR professionals regarding antitrust issues in employment, specifically in hiring and employee compensation. The Guidance focuses on wage-fixing and anti-poaching agreements, both which limit competition among employers.
- WORKPLACE LAW LOWDOWN| ELEVENTH CIRCUIT RULES TITLE VII DOES NOT PROHIBIT DISCRIMINATION BASED ON SEXUAL ORIENTATION
03/31/2017On March 10, 2017, the U.S. Court of Appeals for the Eleventh Circuit issued its opinion in Evans v. Georgia Regional Hospital, ruling that Title VII does not prohibit employers from discriminating against their employees on the basis of the employee’s sexual orientation.
- HEALTH CARE LAW BULLETIN | NEW MICHIGAN LAW CHANGES THE WAY PHYSICIANS AND PHYSICIAN’S ASSISTANTS WORK TOGETHER
03/30/2017Michigan Public Act 379 of 2016, which became effective on March 22, 2017, changes the framework for the scope of practice for physician's assistants (PAs). The law significantly impacts them, physicians, and health care facilities, and the existence and content of practice agreements are critical.
- HEALTH CARE LAW BULLETIN | NEW MICHIGAN TELEHEALTH LAW TAKES EFFECT MARCH 29: Law Provides Guidance Where Current Law Falls Silent
03/22/2017On March 29, 2017, a new Michigan telehealth law takes effect, which provides additional guidance on the delivery of health care services via telehealth or telemedicine, on which current law falls silent.
- EMPLOYEE BENEFITS SUMMARY REPORT | MARCH 20, 2017: Here's What You Need to Know in the World of Employee Benefits and Executive Compensation
03/20/2017In this edition's Summary Report: the GOP releases a replacement to the Affordable Care Act (ACA), the DOL issues an FAB regarding its Fiduciary Rule, Treasury issues guidelines for employees reviewing 401(k) hardship distributions, the Eighth Circuit Court of Appeals holds that a state law that regulates PBMs was preempted by ERISA, and what to do when a plan year ends on a weekend.
- WORKPLACE LAW BREAKING NEWS — SEIU SHAKE-UP
03/15/2017On February 14, 2017, SEIU International President Mary Kay Henry placed SEIU Healthcare Michigan into emergency trusteeship based on reports of alleged “potential financial malpractice”. Under the trusteeship, all Local Union officers, executive board members, and trust fund representatives were automatically removed from office. Local Union leadership is without authority to act on behalf of the local.
- WORKPLACE LAW LOWDOWN: COURT DECLINES TO ENFORCE NON-COMPETE AGREEMENT
03/31/2017The recent Michigan Court of Appeals decision in Goldfish Swim School v Aqua Tots highlights the challenges employers face when enforcing non-compete agreements. The case is a timely reminder that employers should give careful consideration as to which categories of employees they will require to sign a non-compete agreement.
- WORKPLACE LAW LOWDOWN: Employer Pays for Precipitous Discharge of Employee Needing FMLA Leave
03/09/2017Tracy Wink was a "highly valued" clerical employee at Miller Compressing Company. She requested — and was granted — intermittent FMLA leave to take her autistic two-year-old son to medical appointments and therapy. When the company started experiencing serious financial difficulties, it immediately canceled all telecommuting arrangements, including Wink's FMLA leave.
- WORKPLACE LAW LOWDOWN | BE WARY OF WHISTLEBLOWERS: Claim Revived for the Second Time in Three Years
03/02/2017The Whistleblower Protection Act (WPA) protects employees against adverse employment actions in retaliation for reporting a violation or suspected violation of law, regulation or rule to a public body. Officer Kevin Smith's whistleblower case has been pending for more than three years and has been to the Michigan Supreme Court twice.
- WORKPLACE LAW ALERT: WHAT DOES THE TEMPORARY OVERTIME RULE INJUNCTION MEAN?
11/23/2016With a federal court's injunction enjoining the DOL from implementing new overtime rules for exempt employees that were set to take effect on Dec. 1, 2016, employers should take the following steps to reduce risk of overtime liability.
- WORKPLACE LAW ALERT BREAKING NEWS: Texas Court Grants Nationwide Injunction Blocking FLSA Overtime Changes
11/22/2016On November 22, a Texas Federal District Court granted a nationwide injunction blocking the new DOL rule designed to increase the minimum weekly salary requirement for exempt employees to $913.
- WORKPLACE LAW ALERT BREAKING NEWS: Federal Judge Permanently Blocks DOL Persuader Rule
11/17/2016On Nov. 16, 2016, a federal judge in Texas permanently enjoined the DOL from enforcing its Persuader Rule, which would have expanded reporting obligations for employers that enter into agreements with attorneys, consultants, or advisors that provide labor and employment law services.
- CMS Updates Requirements for Long-Term Care Facilities
10/12/2016On Sept. 28, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a Final Rule revising requirements that long-term care facilities must meet to participate in Medicare and Medicaid programs. These requirements are extensive and some take effect this Nov. 28, 2016, while others can be phased in over a few years. Facilities should begin taking implementation steps immediately.
- STARK LAW IMPLEMENTATION OF NEW EXCEPTIONS: Timeshare Arrangements
08/17/2016Effective at the beginning of 2016, hospitals and physician organizations have a new Stark law exception: “timeshare” arrangements, where a visiting physician pays for the right to use office space on a periodic basis. The exception protects, however, only those arrangements that grant a right or permission to use the premises, equipment, personnel, etc., of another person or entity without establishing a possessory leasehold interest.
- New Michigan Minimum Wage Rates Effective as of January 2016
01/07/2016Bodman's Workplace Law Practice reminds everyone that, effective Jan. 1, 2016, the Michigan minimum wage rate is now $8.50 per hour.
- Health Care Alert | Physician Compensation: An Improper Arrangement Could Mean a Significant Penalty
08/28/2015On June 9, 2015, OIG issued a fraud alert regarding physician compensation. The alert stated that OIG had recently reached settlements with 12 physicians who entered into questionable medical directorship or other arrangements. Care must be taken to ensure arrangements are proper.
- Federal Agencies Not Required to Provide Notice Before Revising Interpretive Rules
04/01/2015The United States Supreme Court ruled that federal administrative agencies which enforce federal law are not required to provide advance notice or opportunity for comment before changing their existing interpretation of the law. Perez v Mortgage Bankers Association (March 6,…
- Bodman Releases Annual Survey of Workplace Law Concerns for Employers
02/04/2015Bodman’s Workplace Law Group has released its annual survey of top legal concerns for employers for 2014. The survey results indicate that 2014 was no less challenging for employers than the year before. “2014 was subtly different from 2013 as…
- Telemedicine has Potential to Cut Costs, Improve Access if Implemented Properly
01/06/2015Technological advances have made telemedicine a more viable service model for certain clinical interactions. Telemedicine can reduce costs, improve health care access in rural areas, and address systemic gaps in emergency and other services.
- Zero Tolerance Discharge for Medical Marijuana Does Not Deny Unemployment Benefits
10/28/2014Employees with a valid medical marijuana card under the Michigan Medical Marihuana Act (MMMA) discharged for testing marijuana positive are not disqualified from receiving unemployment benefits under the Michigan Employment Security Act (MESA), so says the Michigan Court of Appeals…