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HR Defense

Employers Beware: Wage Theft Soon to be a Felony in Colorado and Minnesota

By Christopher J. Eby on June 11, 2019

Recent legislation in Colorado and Minnesota imposes harsh criminal penalties—including potential felony convictions—for the failure to pay wages. To limit their exposure under these strict new laws, employers with operations in either state should familiarize themselves with these upcoming changes. Colorado Increases Criminal Penalties under the Wage Claim Act On May 16, 2019, Colorado Governor Jared Polis signed HB 19-1267, into law, addressing penalties for failure to pay wages. While Colorado currently imposes misdemeanor penalties…

Health Law Rx

Supreme Court Resolves Statute of Limitation Circuit Split in False Claims Act Cases

By Ayman Rizkalla on June 10, 2019

Last month, in a unanimous decision, the U.S. Supreme Court ruled that the analysis of the applicable statute of limitations under the False Claims Act (FCA) as set forth in 31 U.S.C. § 3731 is the same regardless of whether the government intervenes in the action or not. While the decision is not likely to affect either the government or relator conduct, it will encourage defendants to expand the scope of discovery to better…

HR Defense

Sanctuary Cities in the United States: Sinking or Swimming?

By Rachel L. Perez on June 3, 2019

U.S. Immigration and Customs Enforcement (ICE) is one step closer to eliminating protections availed in so-called sanctuary cities. On May 6, 2019, the federal immigration authority launched a new program that encourages local law enforcement to arrest foreign nationals in cities that have chosen to be a safe haven for immigrants. This program, which debuted in Largo, Florida, comes on the heels of a controversial bill passed by the Florida legislature prohibiting sanctuary cities in…

Health Law Rx

Georgia Leads the Way with Enactment of Pharmacy Anti-Steering Law

By Amy Jeon McCullough on May 30, 2019

With an overwhelming amount of bi-partisan support, on May 7, 2019, Georgia enacted the Pharmacy Anti-Steering and Transparency Act, O.C.G.A. §26-4-119 (the GA Act). The GA Act goes into effect as of January 1, 2020. As healthcare providers are well aware, prohibitions against self-referrals are not new – federal and state laws prohibiting self-referrals by physicians and other healthcare providers have been in place for decades (e.g., federal Stark Law; Anti-Kickback Statute). However, many…

Marks, Works, and Secrets

Rejection (In Bankruptcy) Does Not Spurn Trademark Licensees

By Ira S. Sacks & Rachel B. Rudensky on May 29, 2019

The United States Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC (No. 17-1657) (May 20, 2019) resolved a deep circuit split and held that a licensees’ rights under trademark licenses survive a debtor-licensor’s rejection in bankruptcy, resolving an ambiguity presented in the intersection of intellectual property law and bankruptcy law that has plagued courts for decades.…

Health Law Rx

Caution: Curb Your Enthusiasm for the Reduced HIPAA Annual Limits

By Amy Jeon McCullough on May 22, 2019

Until recently, the annual limit for civil monetary penalties (CMP) that could be levied against covered entities and business associates in violation of the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act, and their implementing regulations, as amended from time to time (collectively, HIPAA) was $1,500,000. On April 30, 2019, the U.S. Department of Health and Human Services (HHS) released a notice …

HR Defense

DOL and NLRB Agree: Gig Economy Workers Are Contractors, Not Employees

By Raymond J. Berti on May 20, 2019

According to recent guidance issued by the DOL and NLRB, workers in the so-called “gig,” “on-demand,” or “sharing” economy are independent contractors, not employees. This represents a significant departure from Obama-era policy and is expected to have significant consequences for both employers and workers in that sector.…

SALT Insights

A Case of History Repeating Itself: State Taxation of Transportation Related Companies

By Michael Bowen on May 14, 2019

During the Great Depression, the taxi industry boomed in the United States. This growth was fueled, in part, by the fact that the industry was largely unregulated. With many unemployed and underemployed individuals in need of extra money at the time, driving a taxi was a popular pursuit. At that time, drivers used “call boxes” located on city streets to communicate directly with the dispatch center to determine where to pick up the next passenger…

HR Defense

Trending: Fair Workweek Laws

By Dana N. Berber on May 14, 2019

“Fair workweek” laws are sweeping the nation, bringing new challenges for employers. Also referred to as “predictable scheduling,” “advanced scheduling,” or “secure scheduling laws,” these laws typically require larger employers in restaurant and retail industries to provide employees with advanced schedules and “predictability pay” if schedules are changed after a certain time period before an employee’s shift. …

Marks, Works, and Secrets

Marks For Hemp and Cannabis

By Rachel B. Rudensky on May 10, 2019

The United States Patent and Trademark Office recently issued a new Examination Guide relating to trademarks for cannabis and cannabis-related goods and services. This much-anticipated guide comes after the December 20, 2018 enactment of the Farm Bill. …

Akerman LLP

Akerman LLP Blogs

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Employers Beware: Wage Theft Soon to be a Felony in Colorado and Minnesota

Supreme Court Resolves Statute of Limitation Circuit Split in False Claims Act Cases

Sanctuary Cities in the United States: Sinking or Swimming?

Georgia Leads the Way with Enactment of Pharmacy Anti-Steering Law

Rejection (In Bankruptcy) Does Not Spurn Trademark Licensees

Caution: Curb Your Enthusiasm for the Reduced HIPAA Annual Limits

DOL and NLRB Agree: Gig Economy Workers Are Contractors, Not Employees

A Case of History Repeating Itself: State Taxation of Transportation Related Companies

Trending: Fair Workweek Laws

Marks For Hemp and Cannabis

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