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Wolters Kluwer

Kusserow on Compliance: Controls working to prevent Medicare Advantage capitation payments after beneficiaries’ death

News Source: Wolters Kluwer
Post Date: Monday - November 20, 2017 - 9:30am
The OIG released a report that stated CMS policies and procedures were generally effective in ensuring that capitation payments to Medicare Advantage (MA) organizations for Medicare Parts A and B services were not made on behalf of deceased beneficiaries after their death. The Medicare Access and Children’s Health Insurance Program Reauthorization Act of 2015 requires ...
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No conflict of interest in insurer-provided attorney defending age-bias suit

News Source: Wolters Kluwer
Post Date: Monday - November 20, 2017 - 8:25am
By Lorene D. Park, J.D. Finding no conflict of interest to preclude an insurer-selected attorney from defending an employer against an age discrimination suit, even though the employer’s own attorney would be prosecuting a counterclaim for embezzlement (the state high court in answer to certified question held that the insurer had a duty to defend, but ...
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Nuclear facility security guard fired after hallucinatory episode can’t advance regarded-as disabled claim

News Source: Wolters Kluwer
Post Date: Monday - November 20, 2017 - 8:21am
By Kathleen Kapusta, J.D. Granting summary judgment against an armed security guard’s federal and state law “regarded as” claims, a federal district court in New York found that his employer, a nuclear power plant operator, did not engage in unlawful disability discrimination when it revoked his security clearance and then terminated his employment after he experienced ...
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Demoted African-American auto worker advances Title VII retaliation claim; discrimination claim dismissed

News Source: Wolters Kluwer
Post Date: Friday - November 17, 2017 - 5:54pm
By Harold S. Berman J.D. An African-American manager for General Motors who was demoted for performance issues after he complained about his supervisor’s racial remarks could proceed with his Title VII retaliation claim, but not his discrimination claim, a federal district court in Kansas ruled. The court granted General Motors’ summary judgment motion on the discrimination ...
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Minimum wage compliance based on entire workweek, not individual hour within workweek

News Source: Wolters Kluwer
Post Date: Friday - November 17, 2017 - 10:17am
By Ronald Miller, J.D. On an issue of first impression in the Ninth Circuit, the appeals court held that the relevant unit for determining minimum wage compliance under the FLSA is the workweek as a whole, not the individual hour within the workweek. In this instance, Xerox used subsidy pay to ensure that its call center ...
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Flight attendant fired after suspiciously ‘calling in sick’ never gave notice of intent to take FMLA leave

News Source: Wolters Kluwer
Post Date: Friday - November 17, 2017 - 10:15am
By Marjorie Johnson, J.D. A flight attendant who was fired for dishonesty after reporting that she would be late due to a delayed commuter flight, but then flippantly saying she was “calling in sick” upon learning that she would be deemed a no-show, failed to defeat summary judgment on her FMLA interference and retaliation claims. A ...
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Black coworker’s higher pay alone doesn’t support white worker’s reverse race bias claim

News Source: Wolters Kluwer
Post Date: Friday - November 17, 2017 - 10:13am
By Kathleen Kapusta, J.D. Affirming summary judgment against a white employee’s reverse race discrimination claim, which was premised solely on one African-American coworker in the same department who performed similar duties and received a higher salary, the Seventh Circuit found no evidence beyond the fact that the employee was white and his coworker was African-American to ...
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‘Too butch’ employee advances gender non-conformity—not sexual orientation bias—claim

News Source: Wolters Kluwer
Post Date: Friday - November 17, 2017 - 10:10am
By Marjorie Johnson, J.D. A credit union employee who was purportedly told her appearance was “too butch,” passed over for promotions due to her supervisor’s animus toward lesbians, and told that she didn’t believe in God since she was gay, plausibly alleged claims of gender non-conformity discrimination under Title VII and the Kentucky Civil Rights Act, ...
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Jackson Lewis Class Action Trends Report deep-dives into minimum wage claims

News Source: Wolters Kluwer
Post Date: Thursday - November 16, 2017 - 4:53pm
“Rare indeed is the employer that is unaware most employees must be paid at least an hourly wage that does not fall below a minimum rate set by law. Equally rare is the employer that, cognizant of this mandate, deliberately flouts it. More commonly, employers faced with the complexities of the state and federal laws ...
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Class Action Trends Report deep-dives into minimum wage claims

News Source: Wolters Kluwer
Post Date: Thursday - November 16, 2017 - 3:56pm
“Rare indeed is the employer that is unaware most employees must be paid at least an hourly wage that does not fall below a minimum rate set by law. Equally rare is the employer that, cognizant of this mandate, deliberately flouts it. More commonly, employers faced with the complexities of the state and federal laws ...
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Bus driver failed to show severe obesity was disability under the ADA

News Source: Wolters Kluwer
Post Date: Thursday - November 16, 2017 - 9:38am
By Kathleen Kapusta, J.D. Because a Chicago Transit Authority bus driver who weighed over 500 pounds offered no evidence of any underlying physiological disorder or condition that caused his severe obesity, a federal district court in Illinois denied his motion for partial summary judgment on the issue of whether his obesity constituted a disability under the ...
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HR VP fired for ‘racially charged’ Trump tweet still gets unemployment benefits

News Source: Wolters Kluwer
Post Date: Thursday - November 16, 2017 - 9:36am
By Joy P. Waltemath, J.D. Agreeing with a state unemployment compensation review board that a fired HR VP’s tweet did not violate her employer’s social media policy, a Pennsylvania state court held that her tweet was not willful misconduct under state law. Although the tweet said “I am the VP of HR in a comp outside ...
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Despite complaints about quality of internship, student not employee entitled to pay

News Source: Wolters Kluwer
Post Date: Thursday - November 16, 2017 - 9:34am
By Ronald Miller, J.D. Although a student complained about the quality of an internship and did not receive course credit or a refund of tuition, the Second Circuit, in an unpublished decision, nevertheless found that the factors outlined in Glatt v. Fox Searchlight Pictures, Inc., weighed in favor of finding that she was an intern, not ...
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Justices won’t consider challenge to Illinois collective bargaining law for home care providers

News Source: Wolters Kluwer
Post Date: Wednesday - November 15, 2017 - 9:04am
On November 13, the Supreme Court denied a June petition for certiorari seeking review of a Seventh Circuit decision upholding provisions of the Illinois Public Labor Relations Act (IPLRA) granting collective bargaining rights to home-based personal assistants and daycare providers paid through the state’s Home Services Program (HSP) and Child Care Assistance Program (CCAP). Had ...
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Washington law prohibits retaliation against job applicants by prospective employers

News Source: Wolters Kluwer
Post Date: Wednesday - November 15, 2017 - 9:01am
By Kathleen Kapusta, J.D. Observing that very few of its opinions have discussed whether RCW 49.60.210(1) prohibits retaliatory discrimination against job applicants by prospective employers, and no other Washington court has considered the issue, an en banc Washington Supreme Court, answering a certified question, held that in accordance with the plain language of the Washington Law ...
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