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Wolters Kluwer

NLRB: Team’s video crew members are employees, not independent contractors

News Source: Wolters Kluwer
Post Date: Wednesday - August 23, 2017 - 9:04am
By Ronald Miller, J.D. Crewmembers who produce electronic content that is displayed on a basketball arena’s four-sided video display board during professional basketball games are statutory employees, not independent contractors, under FedEx Home Delivery, ruled a divided three-member panel of the NLRB, in a 2-1 decision. In this instance, the Board noted that the employer maintained ...
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Firing employee after C-section instead of briefly extending FMLA leave supports ADA claim

News Source: Wolters Kluwer
Post Date: Wednesday - August 23, 2017 - 8:57am
By Lorene D. Park, J.D. An employee who was fired soon after delivering her baby by caesarean section—because her FMLA leave had expired and she did not return or provide a fit-to-return certification—failed to show she was denied a benefit to which she was entitled under the Act, held a federal district court in Georgia, because ...
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Supervisor’s heterosexuality wouldn’t bar jury from finding she sexually desired female subordinate

News Source: Wolters Kluwer
Post Date: Wednesday - August 23, 2017 - 8:47am
By Lorene D. Park, J.D. Denying summary judgment against a Title VII sexual harassment claim by a bus dispatcher who was allegedly subjected to sexual comments and touching by her female supervisor, a federal district court in Illinois explained that even though the supervisor attested that she is heterosexual and married to a male, a jury ...
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Know the auditors and audit process, you’ll be audited someday

News Source: Wolters Kluwer
Post Date: Wednesday - August 23, 2017 - 6:56am
Providers and suppliers will be audited by CMS at some point, so it is important to understand the various types of audits and the appeals process, according the presenter of a Health Care Compliance Association (HCCA) webinar titled “Medicare Audits & Audit Appeals—From A to Z(PIC).” Scott R. Grubman, Esq., of Chilivis Cochran Larkins & ...
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No absolute right to presence of union representative in investigatory hearing

News Source: Wolters Kluwer
Post Date: Tuesday - August 22, 2017 - 3:22pm
It has been long held under NLRB v. J. Weingarten, Inc., that an employee must be allowed to bring a union representative to any investigatory interview she is required to attend if she reasonably believes the interview might result in disciplinary action. However, the D.C. Circuit recently reminded us that there is no absolute right ...
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OK to deny union representation in peer review meeting, but denying union info about peer review unlawful

News Source: Wolters Kluwer
Post Date: Tuesday - August 22, 2017 - 8:36am
By Ronald Miller, J.D. The NLRB’s determination that an employer improperly denied the request of two nurses for union representation in peer-review-committee hearings was set aside by the D.C. Circuit. The appeals court observed that when, as here, employees are not obligated to take part in an investigatory hearing, there is no requirement that they be ...
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Post-discharge offer to produce Adderall script for employee’s ADD might be timely accommodation request

News Source: Wolters Kluwer
Post Date: Tuesday - August 22, 2017 - 8:30am
By Kathleen Kapusta, J.D. An employer may have refused to provide a reasonable accommodation timely requested by an employee—who was fired after he tested positive for amphetamines—when he mentioned in his termination meeting that he took Adderall for ADD and offered to show proof of a valid prescription, a federal district court in South Carolina ruled. ...
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EEOC prevails on summary judgment in case of pregnant waitress removed from schedule

News Source: Wolters Kluwer
Post Date: Tuesday - August 22, 2017 - 8:25am
By Brandi O. Brown, J.D. In what the court described as an example of “the rare lawsuit” in which the plaintiff is entitled to summary judgment, the EEOC prevailed in its suit brought on behalf of a Bob Evans server who was removed from the restaurant’s schedule because of her pregnancy. The manager had said he ...
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U.S.’s claim for $550K actual damages not reasonable, so FCA violator awarded attorneys’ fees

News Source: Wolters Kluwer
Post Date: Tuesday - August 22, 2017 - 8:23am
By Joy P. Waltemath, J.D. Reversing the denial of attorneys’ fees to a general contractor whose subcontractor failed to pay two of its electricians about $9,900 less than their Davis-Bacon required wages, for which the United States sued them for $554,000 in “actual damages” (tripled to $1.66 million), the Sixth Circuit found that the government’s fee ...
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Arnold & Porter welcome back attorney after 7-year tenure with CMS

News Source: Wolters Kluwer
Post Date: Tuesday - August 22, 2017 - 6:56am
Following a seven-year tenure as the CMS Director of the Division of Outpatient Care, Dr. John McInnes, has rejoined Arnold & Porter Kaye Scholer LLP as counsel in the firm’s Life Sciences and Healthcare Regulatory practice. CMS McInnes served in several roles at CMS, including management roles as the Director of the Division of Outpatient ...
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Exotic dancer’s arbitration clause covered contract disputes, not statutory wage claims

News Source: Wolters Kluwer
Post Date: Monday - August 21, 2017 - 9:00am
By Ronald Miller, J.D. An arbitration clause signed by an exotic dancer did not cover her statutory claims under the FLSA and state wage-and-hour laws, ruled the Third Circuit. Finding that the parties did not agree to arbitrate arbitrability and that the arbitration clause referenced contract disputes—not statutory rights—the appeals court concluded that her statutory wage ...
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No work from home for pregnant employee who taught, met with patients, supervised staff

News Source: Wolters Kluwer
Post Date: Monday - August 21, 2017 - 8:55am
By Brandi O. Brown, J.D. In an unpublished opinion, the Eleventh Circuit affirmed a district court decision granting summary judgment to a hospital that denied an employee’s request to be allowed to work from home as an accommodation for pregnancy complications she was experiencing. The court explained that three of her job duties—teaching classes, meeting with ...
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Physician who bailed on hospital contract must pay back signing advance

News Source: Wolters Kluwer
Post Date: Monday - August 21, 2017 - 8:48am
By Lisa Milam-Perez, J.D. A medical center successfully defended its $64,932 breach of contract win against a physician in its action seeking to recoup outstanding payments on his signing advance. The recruitment agreement between the parties provided that the monthly installments on the promissory note would be forgiven as long as the physician continued working at ...
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Kusserow on Compliance: August update on OIG Work Plan—four new projects added

News Source: Wolters Kluwer
Post Date: Monday - August 21, 2017 - 8:30am
The OIG Work Plans set forth various audits and evaluations that are underway or planned during the fiscal year and beyond. In June this year, the OIG announced the adjusting of its Work Plan on a monthly basis, rather than semi-annually as has been done previously to ensure that it more closely align with the ...
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CMS announces Hospice Compare website

News Source: Wolters Kluwer
Post Date: Monday - August 21, 2017 - 6:56am
CMS released the Hospice Compare website on August 17, 2107. The website allows consumers to make informed decisions about hospice providers based upon the quality of care they provide. Consumers can use the website to find providers in their area and compare them using quality of care metrics. Reporting  Hospices are required to report to ...
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