Pregnant workers seeking workplace accommodations can expect a less bumpy ride ahead, due to the delivery of the Pregnant Workers Fairness Act (PWFA). The PWFA protects employees and applicants who have known limitations relating to pregnancy, childbirth, or a related
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Surprise… No Surprises Act Arbitration Is Too Expensive
Providers finally obtained court ordered relief to the $350 administrative fee each party was required to pay as part of the Federal Independent Dispute Resolution (IDR) Process under the No Surprises Act. Until the Departments of Health and Human Services,…
Back to the Future: Employers Must Buckle Up for a Return to the NLRB’s New (Old) Standard for Workplace Rules
Employers, whether they have unionized employees or not, must navigate the aftermath of another change in the ever-evolving landscape of labor law. A recent National Labor Relations Board (NLRB or Board) decision has sent ripples through the realm of employer…
Zooming In On The I-9: Five Things Employers Need To Know About Remote Immigration Verification
In July, the United States Department of Homeland Security (DHS) announced its long-awaited modernization of the I-9 Employment Eligibility Verification process. The new rule became effective August 1, 2023, and allows eligible employers to utilize an alternative process for I-9…
Teva FCA Decision Sheds Light on Varying Interpretations of the Elements of an FCA Claim
How could alleged kickbacks threaten to render insolvent a publicly traded company with assets (taken from its latest SEC filing) in excess of $43 billion? The answer stems from a recent decision by the United States District Court for the…
OCR and FTC Issue Warning to Hospital Systems and Telehealth Providers about Tracking Technologies
On July 20, 2023, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Federal Trade Commission (FTC) announced they were sending a joint letter to approximately 130 unidentified hospital systems and telehealth providers highlighting…
No More Two-Stepping for Court Certification of FLSA Collective Actions: The Sixth Circuit Leaves the Rodeo
Courts have been dancing away from the two-step process for certification of collective actions under the Fair Labor Standards Act (FLSA), and the 6th Circuit is the latest to join the trend. In a recent decision that could have significant…
OIG Issues Information Blocking Penalties Final Rule: Health IT Developers and Health Information Exchanges/Networks Have a Million Reasons to Care
On June 27, 2023, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued its long-anticipated final rule amending the OIG’s civil monetary penalty (CMP) regulations as they relate to information blocking (CMP Final Rule or…
Faith at Work and the New Sacred Balance: Understanding the More Stringent “Undue Hardship” Standard
Employers evaluating religious accommodations under Title VII are now required to strike a new balance due to the U.S. Supreme Court’s recent clarification of what constitutes an “undue hardship.” Employers should promptly reassess the factors they use to weigh the…
The Supreme Court Limits the Extraterritorial Application of the Lanham Act
On June 29, 2023, the Supreme Court in Abitron Austria GmbH v. Hetronic International, Inc., limited the extraterritorial reach of the Lanham Act. The majority opinion was written by Justice Alito and joined by Justices Thomas, Gorsuch, Jackson, and Kavanaugh.…