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.

Epstein Becker & Green, P.C. Blogs

Financial Services Employment Law

Health Employment and Labor

Health Law Advisor

Hospitality Labor and Employment Law

Management Memo

OSHA Law Update

Retail Labor and Employment Law

TechHealth Perspectives

Technology Employment Law

Trade Secrets & Employee Mobility

Wage and Hour Defense Blog

Blog Authors

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Latest from Epstein Becker & Green, P.C.

Wage and Hour Defense Blog

DOL Issues Final Rule Addressing Joint Employer Status Under the Fair Labor Standards Act

By Paul DeCamp

January 22, 2020

On Thursday, January 16, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register the much-anticipated Final Rule regarding joint employer status under the Fair Labor Standards Act. This rule completes the rulemaking process initiated in early April of last year, when WHD published its Notice of Proposed Rulemaking (“NPRM”), which we discussed here. The new standards reflected in the Final Rule become effective, barring court action…

Health Employment and Labor

Health Plan Sponsors Welcome Repeal of Cadillac Tax: Opportunities and Uncertainty Lie Ahead – SECURE Act Series

By Tzvia Feiertag

January 17, 2020

Sponsors of health plans have long known that the only constant in life is change. In 2020, that is surely to remain true. Ding-Dong! The Cadillac Tax Is Dead! On December 20, 2019, as part of the year-end appropriations bill, the Affordable Care Act’s (ACA) so-called 40% “Cadillac Tax” on high-cost health plans was finally, after much lobbying and other efforts by sponsors and health care payers, put to an end with a full repeal.…

Technology Employment Law

The SECURE Act’s Lifetime Income Provisions: What Employers Should Know

By Michelle Capezza

January 15, 2020

My recent blog post, “What Employers Should Know About the SECURE Act’s Lifetime Income Provisions,” discusses the Setting Every Community Up for Retirement Enhancement Act of 2019, which was signed into law on December 20, 2019. Employers who sponsor defined contribution retirement plans, such as 401(k) plans, should monitor these developments. Following is an excerpt: Predictable lifetime income is often of paramount concern to retirees. Yet, as employer-sponsored retirement plans have moved away…

Wage and Hour Defense Blog

The New Year Brings New Guidance on FLSA Issues from the U.S. Department of Labor

By Jeffrey H. Ruzal & Carly Baratt

January 15, 2020

In its first installment of opinions letters in 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) addressed two issues under the Fair Labor Standards Act (“FLSA”): (i) the salary basis requirements in the context of per-project compensation arrangements and (ii) calculation of overtime pay for employees who receive nondiscretionary lump-sum bonus payments earned over time and not tied to a specific period. (A third letter, FMLA2020-1-A, considered FMLA requirements vis-à-vis public employees.) …

Financial Services Employment Law

What Employers Should Know About the SECURE Act’s Lifetime Income Provisions

By Michelle Capezza

January 14, 2020

Predictable lifetime income is often of paramount concern to retirees. Yet, as employer-sponsored retirement plans have moved away from the traditional pension plan model, participants in defined contribution plans may be faced with managing their own account balances and plan distributions, which may not lead to a steady stream of lifetime income in retirement. The Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”), signed into law on December 20, 2019,…

Financial Services Employment Law

Non-Solicitation Agreements: Court Finds Financial Professionals Have a Duty to Notify Clients About a Change of Employment

By Epstein Becker & Green, P.C.

January 14, 2020

Our colleague Janene Marasciullo, a Member of the Firm at Epstein Becker Green, has a November 2019 post on the Trade Secrets & Employee Mobility blog that will be of interest to many of our readers in the financial services industry: “Enforcing Non-Solicitation Agreements Against Financial Professionals: A Court Finds Financial Professionals Have a Duty to Notify Clients About a Change of Employment.” Following is an excerpt: A recent decision in Edward D. Jones & Co.,…

Wage and Hour Defense Blog

Federal Court Extends TRO to Enjoin Enforcement of New California Arbitration Statute

By Michael S. Kun

January 14, 2020

As we recently wrote here, on December 29, 2019, just days before California’s new arbitration statute known as AB 51 was to go into effect, a federal judge in the United States District Court of the Eastern District of California granted a temporary restraining order (“TRO”) to enjoin enforcement of AB 51. The new law, which was set to go into effect on January 1, 2020, would outlaw mandatory arbitration agreements with employees…

Wage and Hour Defense Blog

Federal Court Extends TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for 70,000 Independent Truckers

By Michael S. Kun

January 14, 2020

As we recently wrote here, just hours before California’s controversial AB 5 went into effect, a federal court in San Diego issued a temporary restraining order (“TRO”) to enjoin enforcement of the independent contractor statute as to approximately 70,000 independent truckers, many of whom have invested substantial sums of money to purchase their own trucks and to work as “owner-operators.” Now, days after a state court judge ruled that the statute does not apply …

Health Law Advisor

DOJ False Claims Act Recoveries FY 2019: Total Collections Rise – Almost 90 Percent Relate to Health Care

By George B. Breen & Alexis Boaz

January 10, 2020

Through a January 9, 2020, press release, the Department of Justice (“DOJ”) reported more than $3 billion in total recoveries from settlements and judgments from fraud-related civil matters brought under the False Claims Act (“FCA”) for fiscal year (“FY”) 2019. An increase over the $2.9 billion recovered in FY 2018, FY 2019 reflected the ninth highest amount of recoveries in the past 30 years. The accompanying statistics released by DOJ reflect several themes related…

Wage and Hour Defense Blog

California State Court Judge Rules That Controversial New Independent Contractor Law Does Not Apply to Independent Truckers

By Michael S. Kun

January 10, 2020

Following the challenges to AB 5, California’s controversial new independent contractor law, can be a difficult endeavor. Every day seems to bring a new development. We have written before about the hasty passage of the statute, about a ballot initiative to escape the scope of the law by ride-share and delivery companies, and challenges by independent truckers, freelance journalists and photographers, and ride-share and delivery companies. While many were focused…

Epstein Becker & Green, P.C.

Epstein Becker & Green, P.C. Blogs

Blog Authors

DOL Issues Final Rule Addressing Joint Employer Status Under the Fair Labor Standards Act

Health Plan Sponsors Welcome Repeal of Cadillac Tax: Opportunities and Uncertainty Lie Ahead – SECURE Act Series

The SECURE Act’s Lifetime Income Provisions: What Employers Should Know

The New Year Brings New Guidance on FLSA Issues from the U.S. Department of Labor

What Employers Should Know About the SECURE Act’s Lifetime Income Provisions

Non-Solicitation Agreements: Court Finds Financial Professionals Have a Duty to Notify Clients About a Change of Employment

Federal Court Extends TRO to Enjoin Enforcement of New California Arbitration Statute

Federal Court Extends TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for 70,000 Independent Truckers

DOJ False Claims Act Recoveries FY 2019: Total Collections Rise – Almost 90 Percent Relate to Health Care

California State Court Judge Rules That Controversial New Independent Contractor Law Does Not Apply to Independent Truckers

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