On August 16, 2023, a unanimous three-judge panel of the Third Circuit vacated and remanded a decision from the Middle District of Pennsylvania ruling that the time spent by oil-rig workers changing in and out of their protective gear was
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.
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FDA Issues Final Guidance on Informed Consent for IRBs, Clinical Investigators, and Sponsors
On August 15, 2023, the U.S. Food and Drug Administration (“FDA”) released final guidance on informed consent for clinical investigations (“Final Guidance”). This update follows FDA’s draft guidance, which was issued in July 2014, and supersedes the FDA’s “A Guide…
Trade Secret Laws: Illinois – Q&A Guide for Employers, 2023 Update
Thomson Reuters Practical Law has released the 2023 update to “Trade Secret Laws: Illinois,” a Q&A guide on trade secrets and confidentiality for private employers in Illinois, co-authored by Peter A. Steinmeyer and David J. Clark, Members of the Firm in the Employment, Labor &…
Unpacking Averages: How Accurate Do Class II Medical Devices Need to Be to Obtain 510(k) Clearance?
It’s common for a client to show up at my door and explain that they have performance data on a medical device they have been testing, and for the client to ask me if the performance they found is adequate…
Potential Restraints on Counterclaims Interposed in a Derivative Suit
Shareholders who sue derivatively on behalf of a corporation are often faced with counterclaims against them as individuals. The issue of whether such counterclaims are properly interposed against a shareholder in their individual capacity is not typically a heavily contested…
CMS Names Its First Ten Negotiated Part D Drugs: Inflation Reduction Act Updates
On August 29, 2023, the Centers for Medicare & Medicaid Services (CMS) announced the ten (10) Medicare Part D drugs selected for the first round of negotiations of the Medicare Drug Price Negotiation Program (Program)—a few days before the September…
SECURE 2.0: Roth Catch-Up Contribution Delay
Section 603 of the SECURE 2.0 Act of 2022 (“Section 603”) implements changes to catch-up contributions and is applicable to employers who maintain a 401(k), 403(b), or 457(b) plan with participants who are age 50 and older and whose income…
Podcast: Owner’s Outlook: Managing Risks in an Ever-Changing Construction Environment – Diagnosing Health Care
In this episode of the Diagnosing Health Care Podcast: The impacts of climate volatility, cybersecurity threats, artificial intelligence, and building information modeling and construction technology have increased pressure on major construction projects on top of labor availability and supply chain…
Fifth Circuit Broadens Standard for Title VII Claims Against Employers
As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of Appeals for the Fifth…
DOL Announces Much-Anticipated Proposal to Increase Minimum Salary for Executive, Administrative, and Professional Employees to at Least $55,068 Per Year
On August 30, 2023, in one of the U.S. Department of Labor’s most highly anticipated rulemakings of the year, the Wage and Hour Division announced the details of its forthcoming Notice of Proposed Rulemaking regarding the salary requirements of the…