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.

Addressing New Risks: FinCEN Sets Priorities for Combating Money Laundering and Terrorism Financing

By Melissa L. Jampol, Janene Marasciullo & Michael L. Lynch

August 2, 2021

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On June 30, 2021, the Financial Crimes Enforcement Network (“FinCEN”), issued the first government-wide Priorities for anti-money laundering (“AML”) and countering the financing of terrorism (“CFT”) policy (the “Priorities”). In accordance with the Anti-Money Laundering Act of 2020 (“AMLA 2020”), FinCEN established the Priorities, after consulting with the Attorney General, and various Federal regulators, to assist covered financial institutions, (which include, banks, brokers-dealers, mutual funds, insurance companies, commodities dealers, precious metal and stone…

Workforce Bulletin

Back in the Saddle: SEC’s Whistleblower Program Is in Full Swing Under the Biden Administration

By Gregory (Greg) Keating & Francesco (Fran) A. DeLuca

August 2, 2021

The Securities and Exchange Commission’s Whistleblower Program under the Biden administration has picked up where it left off under President Obama, aggressively enforcing Rule 21F-17(a) against employers whose policies may impede employees from communicating with the SEC. On June 23, 2021, the SEC fined Guggenheim Securities, LLC (“Guggenheim”) for maintaining a policy that it contended impeded potential whistleblowers from communicating with the SEC by requiring employees to obtain permission before reporting securities violations. Even though…

Workforce Bulletin

Good News for Retirement Plan Sponsors: IRS Issues Updated Guidance Enhancing Plan Correction Programs

By Avi Bernstein, Tzvia Feiertag & Gretchen Harders

July 29, 2021

On July 15, 2021, the Internal Revenue Service (“IRS”) updated its Employee Plans Compliance Resolution System (“EPCRS”) by issuing Revenue Procedure 2021-30 (PDF). The EPCRS changes and revisions, which generally became effective on July 16, 2021, are beneficial to plan sponsors, participants and the retirement plan community. The IRS has long provided a basic structure for the EPCRS and its underlying programs consisting of: (a) the Self Correction Program (“SCP”) – which allows plan…

Health Employment and Labor

California’s New COVID-19 Vaccine (Non)Mandate and Testing Requirements

By Epstein Becker Green

July 28, 2021

Our colleagues Adam C. Abrahms and Juan Larios of Epstein Becker Green recently published an Act Now Advisory that will be of interest to our readers: “California’s New COVID-19 Vaccine (Non)Mandate and Testing Requirements.” The following is an excerpt: On July 26, 2021, the California Department of Public Health (“CDPH”) issued a State Public Health Officer Order (“Order”) seeking to address the increase California is experiencing in positive COVID-19 cases. With infections of the…

Management Memo

How the PRO Act Could Change Labor Law – Employment Law This Week Video

By Epstein Becker Green

July 28, 2021

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As featured in #WorkforceWednesday: This week, we look at the potential “game changing” legal and policy shifts coming to labor relations. The Protecting the Right to Organize (PRO) Act, if enacted, would make the most significant changes to the National Labor Relations Act since the National Labor Relations Board (NLRB) was created in 1935. The PRO Act is a top priority of the union movement in the United States and is supported by President…

Workforce Bulletin

Video: How the PRO Act Could Change Labor Law – Employment Law This Week

By Epstein Becker Green

July 28, 2021

Wage and Hour Defense Blog

Time Is Money: A Quick Wage-Hour Tip on … How to Calculate the Correct Overtime Rate for Hourly Employees That Earn Bonuses, Commissions, etc.

By Robert H. Pepple

July 28, 2021

1. Introduction If you have hourly employees that earn bonuses, commissions, or other performance payments, this article is for you. Properly compensating such employees is often not as simple as paying “time and a half” or “double-time” for qualifying hours. Rather, federal law, and the laws of many states, require employers to “recalculate” overtime rates to include certain types of non-hourly compensation and pay overtime at those higher rates. Many employers fail to make such…

Management Memo

Senate Confirms Biden Nominee Jennifer Abruzzo as NLRB General Counsel, Paving Way for Pro-Union Shift

By Steven M. Swirsky & Christopher Shur

July 26, 2021

On July 21, 2021, the U.S. Senate confirmed Jennifer Abruzzo to a four-year term as the General Counsel of the National Labor Relations Board (“NLRB” or “Board”). Ms. Abruzzo’s confirmation was by a vote of 51-50, with Vice President Kamala Harris casting the tie-breaking vote. Ms. Abruzzo was sworn in the next day, by NLRB Chair Lauren McFerran. As the NLRB notes, this is “the first time in NLRB history women are serving as …

Commercial Litigation Update

DOJ’s Recent Telehealth Enforcement Action Highlights Increased Abuse of COVID-19 Waivers

By Epstein Becker Green

July 23, 2021

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Our colleague Lauren Petrin of Epstein Becker Green has a new post on Health Law Advisor that will be of interest to our readers: “DOJ’s Recent Telehealth Enforcement Action Highlights Increased Abuse of COVID-19 Waivers.” The following is an excerpt: On May 26, 2021, the Department of Justice (“DOJ”) announced a coordinated law enforcement action against 14 telehealth executives, physicians, marketers, and healthcare business owners for their alleged fraudulent COVID-19 related Medicare claims resulting…

Workforce Bulletin

A Growing Number of California Counties, Including Los Angeles and San Francisco, Change Course on Indoor Masking

By Jennifer L. Nutter, Scarlett L. Freeman & Vidaur Durazo

July 23, 2021

Counties across California are making a detour on the road to easing COVID-19 restrictions. Los Angeles County On July 16, 2021, Los Angeles County issued an Order of the Health Officer (“the Order”) that requires all persons to wear face masks while in all indoor public settings, venues, gatherings, and businesses (i.e., office workplaces, retail, restaurants, theaters, meetings), with limited exceptions. In indoor settings where there is close contact with unvaccinated individuals, the…

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Addressing New Risks: FinCEN Sets Priorities for Combating Money Laundering and Terrorism Financing

Back in the Saddle: SEC’s Whistleblower Program Is in Full Swing Under the Biden Administration

Good News for Retirement Plan Sponsors: IRS Issues Updated Guidance Enhancing Plan Correction Programs

California’s New COVID-19 Vaccine (Non)Mandate and Testing Requirements

How the PRO Act Could Change Labor Law – Employment Law This Week Video

Video: How the PRO Act Could Change Labor Law – Employment Law This Week

Time Is Money: A Quick Wage-Hour Tip on … How to Calculate the Correct Overtime Rate for Hourly Employees That Earn Bonuses, Commissions, etc.

Senate Confirms Biden Nominee Jennifer Abruzzo as NLRB General Counsel, Paving Way for Pro-Union Shift

DOJ’s Recent Telehealth Enforcement Action Highlights Increased Abuse of COVID-19 Waivers

A Growing Number of California Counties, Including Los Angeles and San Francisco, Change Course on Indoor Masking

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