On June 30, 2017, Governor Kasich signed the workers’ compensation budget bill. House Bill 27, which funds the Bureau of Workers’ Compensation, also made several important changes significant to Ohio employers. The changes are effective September 29, 2017. The most impactful portions of House Bill 27 involve a modification in the injury statute of limitations for filing a claim, reducing the filing from two years of the date of injury to one year ...
Norway has biobanks and health registers that from a world perspective are practically unique. We frequently use metaphors like "silver heirlooms" and "the new oil". The test nevertheless consists in whether the Norwegian research environments are successful in commercializing their research, and the commodities require a correct processing. The Lifandis StoryLifandis AS (former Hunt Biosciences) managed Norway's most valuable biobank and its data; the so-called HUNT collection ...
The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities. Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...
The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities. Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...
Irina Anyukhina, ALRUD Partner, heading Labour and Employment practice, prepared an article for September issue of “Discrimination and Equality Law News”, published by International Bar Association Legal Practice Division. In the article, Irina describes current trends in court practice on discrimination claims in Russia ...
Overturns Lower Court’s “Monumental Failure of Legal Reasoning” The West Virginia Supreme Court has dissolved the preliminary injunction of a lower court prohibiting the enforcement of the state’s right to work law. The majority agreed to remand the litigation to the lower court for a decision on the merits of the AFL-CIO’s constitutional challenge to the West Virginia Workplace Freedom Act ...
The Second Circuit Court of Appeals recently granted a petition for interlocutory review to decide whether a violation of the FCA’s first-to-file rule can be cured by filing an amended pleading. Both the D.C. Circuit and Fourth Circuit1 recently addressed this issue, concluding that the plain language of the first-to-file rule precludes amending around the rule ...
The Health Insurance Portability and Accountability Act (“HIPAA”) contains minimum security standards that Covered Entities and Business Associates must employ to safeguard protected health information (“PHI”). As part of HIPAA’s security standards, Business Associates are obligated to report all security incidents to the Covered Entity ...
As Hurricane Harvey continues to cause far-reaching disruptions, it is important to understand how to effectively assert or respond to assertions of force majeure. This summary outlines the steps to take to assert force majeure, and initial considerations for those who have received several notices of force majeure from counterparties ...
Hurricane Harvey has radically impacted every industry in southeastern Texas, including healthcare providers, who continue to analyze potential next steps in ensuring operations can resume so that they can further assist those in need of healthcare services. Below are several links to resources that may be helpful for healthcare providers attempting to navigate through their options ...
On August 31, 2017, Judge Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down a Department of Labor rule that would have raised the minimum salary for an individual to be exempt from overtime pay from $455 per week ($23,660 annually) to $913 per week ($47,476 annually). The final version of the overtime rule was announced last May and was set to take effect on Dec ...
Whenever emergency situations such as Hurricane Harvey cause office closures and such offices are subsequently reopened, Texas employers must remember several points to stay compliant with employment laws. In general, employees who are classified as exempt from the Fair Labor Standards Act’s minimum wage and overtime provisions must be paid a salary each week ...
IRS provides Retirement Plan Loan and Hardship Distribution Relief for Harvey Victims The IRS has released Announcement 2017-11 providing relief from some of the loan and hardship distribution requirements under qualified retirement plans (including Code Section 401(a) and 403(b) plans) for the period of August 23, 2017 through January 31, 2018. The relief applies to employees or former employees either (i) whose principal residence on Aug ...
Few medical issues are as significant to an employee and an employer as major back surgery. The procedure incapacitates the injured worker for months and leaves the employer short staffed while the employee recovers. Additionally, these surgeries often do not result in the expected outcome, which leads to further impairment and expense ...
Introduction. Panama has become a popular destination to immigrate in the region, due to its economic growth and socio-political stability which contrasts with other neighboring countries´ intricate conditions. Within the last decade, multiple infrastructure projects, as well as incentives favorable to establish and operate multinational companies have resulted in an increase of foreign nationals within the country, creating a multi-ethnic and multi-cultural society ...
As seen in Human Resource Executive Online In the aftermath of the events in Charlottesville, Virginia, over the weekend, a Twitter account with the handle @YesYoureRacist began soliciting the assistance of the general public to identify rally attendees based on photographs. “If you recognize any of the Nazis marching in #Charlottesville, send me their names/profiles and I’ll make them famous,” the Twitter-detective tweeted ...
In a decision made earlier this year, the Board of Equal Treatment established that the dismissal of a 62-year old teacher did not constitute discrimination on the grounds of age. The board found it proven that the teacher''s competence profile could best be dispensed with in connection with the educational institution''s forward-looking need to cover lessons with a reduced number of teachers ...
On August 2, 2017, President Trump and Senators David Perdue (R-GA) and Tom Cotton (R-AR) announced an immigration bill, which would profoundly amend and re-structure the Immigration Nationality Act ...
Medical Cannabis approvals in the City have been the subject of intense negotiations, hearings, and appeals in the last two months. First, our law firm assisted the Apothecarium - Sunset (an additional location in the Sunset District for the medical cannabis dispensary called The Apothecarium currently near the Castro), in obtaining an approval at the Planning Commission ...
We previously reported that on March 30, 2017, Ohio Gov. John Kasich and the executive directors of Ohio’s health care licensing agencies announced new standards for prescribing opiates for acute pain ...
It has been four months since the changes to 42 CFR Part 2, the confidentiality regulations that apply to all substance abuse treatment records, became effective. Ensure your policies and forms have been updated. The finalized changes to 42 CFR Part 2 by the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency within the U.S. Department of Health and Human Services (HHS), took affect March 21, 2017 ...
New Ruling – calculation of an hourly employee’s last wage for the purpose of calculating the severance pay to which he is entitled will be made according to the partiality of his position throughout the term of his employment On June 4, 2017, the National Labor Court rendered a judgment in Labor Appeal 44824-03-16 Y.B. See Resources Ltd. vs Adhenom Berh Teami (the “See Resources Case“) ...
Many employers routinely ask job applicants about their salary or earnings history, either in written job applications, during interviews, or during post-offer salary negotiations. Such activities will soon be prohibited in San Francisco. Earlier this month, the City’s Board of Supervisors voted unanimously to ban employers from asking job applicants about their salary history or from considering such information in determining whether to hire an applicant or what salary to offer ...
SyCipLaw''s Employment & Immigration Update (Volume XV, Issue 1) features updates and articles on issuances from the Department of Labor & Employment (DOLE), including the new guidelines on contracting and subcontracting, and the implementing rules and regulations of theAnti-Age Discrimination in Employment Act,the Data Privacy Act of 2012, and those governingthe employment and working conditions of collectors in the debt collection industry ...
A CFO of a company was dismissed for poor performance. He sued his employer arguing that his dismissal was unjustified. The company’s defense was based on several emails produced in court which were supposed to show the CFO’s poor quality work.Under French law, the golden rule is that any system collecting or processing data including professional email systems must be declared to the Data Protection Agency (“CNIL”) in order to be legal ...
