Epstein Becker & Green, P.C.

Epstein Becker & Green, P.C., is a national law firm with a primary focus on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. Founded in 1973 as an industry-focused firm, Epstein Becker Green has decades of experience serving clients in health care, financial services, retail, hospitality, and technology, among other industries, representing entities from startups to Fortune 100 companies. Operating in locations throughout the United States and supporting domestic and multinational clients, the firm’s attorneys are committed to uncompromising client service and legal excellence.

California Ballot Initiative Would Remove Ride-Share and Delivery Drivers from the “ABC” Test

By Kevin R. Vozzo

November 8, 2019

As we wrote here recently, California’s Governor Gavin Newsom signed a bill known as AB5, which is designed to make it more difficult for companies to treat workers as independent contractors. The new law, which goes into effect on January 1, 2020, codified and expands the “ABC” test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court for determining whether workers in California should be classified as employees or…

Wage and Hour Defense Blog

WHD Releases Text of Proposed Revisions to the Fluctuating Workweek Regulations

By Jeffrey H. Ruzal & Carly Baratt

November 7, 2019

On August 26, 2019, we wrote of the plan by the U.S. Department of Labor’s Wage and Hour Division (“WHD”) to update the Fair Labor Standard Act (“FLSA”) regulations on calculating overtime pay for salaried non-exempt workers to allow employers to include additional forms of compensation in the so-called “fluctuating workweek” calculations. Under a fluctuating workweek calculation, an employer divides all of an employee’s relevant compensation for a given workweek by the total number…

Retail Labor and Employment Law

As the Holidays Approach, the Latest Wave of ADA Cases Challenge the Absence of Braille Gift Cards

By Joshua A. Stein & Shira M. Blank

November 6, 2019

While the seemingly endless wave of website accessibility cases filed by serial plaintiffs shows no signs of abating (a situation not helped by the United States’ Supreme Court’s denial of Domino’s Petition for Certiorari last month), those who follow accessibility law and the businesses who have been deeply affected by the relentless barrage of serial plaintiffs’ claims, have been waiting for the inevitable “next big thing” that the plaintiff’s bar would pursue en masse under…

Hospitality Labor and Employment Law

The Most Recent Wave of ADA Cases Challenge the Absence of Braille Gift Cards as the Holidays Approach

By Epstein Becker & Green, P.C.

November 6, 2019

Our colleagues Joshua A. Stein & Shira M. Blank at Epstein Becker Green have recently published a post on the Retail Labor and Employment Law blog that will be of interest to our readers in the hospitality industry: “As the Holidays Approach, the Latest Wave of ADA Cases Challenge the Absence of Braille Gift Cards.” Following is an excerpt: On Thursday, October 24, we learned the answer when a new wave of lawsuits began to…

Health Law Advisor

New Program Integrity Rule Expanding Medicare Revocation and Denial Authorities Takes Effect Today

By George B. Breen, Melissa L. Jampol & Alexis Boaz

November 4, 2019

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Today, a final rule issued by the Centers for Medicare & Medicaid Services (CMS) establishing new enforcement initiatives aimed at removing and excluding previously sanctioned entities from Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP) goes into effect.[1] Published September 10 with a comment period that also closed today, the new rule expands CMS’s “program integrity enhancement” capabilities by introducing new revocation and denial authorities and increasing reapplication and enrollment bars as part of…

Management Memo

Bill Aimed at Removing Authority from NLRB Introduced in the Senate

By Corey P. Argust

October 31, 2019

On October 24, 2019, Senator Mike Lee (R-UT) introduced the Protecting American Jobs Act. The bill, cosponsored by Senators Tom Cotton (R-AR), Rand Paul (R-KY), Marsha Blackburn (R-TN), Ted Cruz (R-TX), and Marco Rubio (R-FL), would significantly amend the National Labor Relations Act (“NLRA”) by removing much of the authority currently held by the National Labor Relations Board (“NLRB” or “Board”). Under the NLRA, the Board’s General Counsel is responsible for investigating unfair labor…

Retail Labor and Employment Law

NYCCHR Issues Guidance on Discrimination Based on Immigration Status and National Origin

By Susan Gross Sholinsky, Nancy Gunzenhauser Popper & Corben J. Green

October 31, 2019

The New York City Commission on Human Rights (“the Commission”) published a legal enforcement guidance (“Guidance”) clarifying its standards with respect to discrimination based on actual or perceived immigration status and national origin. The Guidance applies to employers, housing providers, and providers of public accommodations. As the Guidance explains, “[d]iscrimination based on immigration status often overlaps with discrimination based on national origin and/or religion.” Under the New York City Human Rights Law (“NYCHRL”), employers with…

Wage and Hour Defense Blog

Time Is Money: A Quick Wage-Hour Tip on … Final Payment of Wages to Terminated Employees in California

By Kristin M. Halsing

October 29, 2019

California law has specific requirements regarding the payment of final wages to terminated employees. The failure to comply with those requirements can require an employer to pay an individual up to 30 days of pay – known as “waiting time” penalties. As “waiting time” claims are often pursued in the context of class actions, where plaintiffs seek up to 30 days of pay for each former employee, it is critical that employers understand when final…

Health Law Advisor

CMS’s Request for Information Provides Additional Signal That AI Will Revolutionize Healthcare

By Alaap Shah & Audrey Davis

October 28, 2019

On October 22, 2019, the Centers for Medicare and Medicaid Services (“CMS”) issued a Request for Information (“RFI”) to obtain input on how CMS can utilize Artificial Intelligence (“AI”) and other new technologies to improve its operations. CMS’ objectives to leverage AI chiefly include identifying and preventing fraud, waste, and abuse. The RFI specifically states CMS’ aim “to ensure proper claims payment, reduce provider burden, and overall, conduct program integrity activities in a more efficient…

Retail Labor and Employment Law

Massachusetts Issues Guidance on When Contractors and Other Workers Count Towards the ‘25 Covered Individuals’ Threshold

By Nancy Gunzenhauser Popper, Anastasia A. Regne & Alison Gabay

October 28, 2019

As we previously reported, the Massachusetts Department of Family and Medical Leave (“DFML”) has been providing on-going substantive and procedural regulations and guidance to effectuate the state’s Paid Family and Medical Leave program (“PFML”), which applies to employers with 25 or more “covered individuals” in the employer’s workforce. Most recently, the DFML issued further guidance (“Guidance”), to clarify when an employer should include 1099-MISC contractors and certain visa holders in their workforce count. How…

Epstein Becker & Green, P.C.

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California Ballot Initiative Would Remove Ride-Share and Delivery Drivers from the “ABC” Test

WHD Releases Text of Proposed Revisions to the Fluctuating Workweek Regulations

As the Holidays Approach, the Latest Wave of ADA Cases Challenge the Absence of Braille Gift Cards

The Most Recent Wave of ADA Cases Challenge the Absence of Braille Gift Cards as the Holidays Approach

New Program Integrity Rule Expanding Medicare Revocation and Denial Authorities Takes Effect Today

Bill Aimed at Removing Authority from NLRB Introduced in the Senate

NYCCHR Issues Guidance on Discrimination Based on Immigration Status and National Origin

Time Is Money: A Quick Wage-Hour Tip on … Final Payment of Wages to Terminated Employees in California

CMS’s Request for Information Provides Additional Signal That AI Will Revolutionize Healthcare

Massachusetts Issues Guidance on When Contractors and Other Workers Count Towards the ‘25 Covered Individuals’ Threshold

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