Murtha Cullina LLP

At long last, the federal Department of Labor has issued its widely anticipated second proposal to raise the minimum salary threshold for employees to qualify for various white collar exemptions under the Fair Labor Standards Act.  Following a failed attempt by the Obama-era DOL to set a salary threshold of $47,476, the DOL is setting its sights lower this time around with a proposed $35,308 salary threshold.…
Parties to probate court proceedings involving family-owned business interests held in trusts or estates can agree to arbitrate their disputes instead of proceeding through the court system.  Such agreements could be broadly drafted to include “all disputes” arising from or relating to a decedent’s trusts or estate.  Or they could be narrowly focused to address only limited issues that may arise in the course of trust or estate administration, for example, disputes over the valuation…
Privacy and cybersecurity is at the forefront of everyone’s mind these days and, in 2018, the Office for Civil Rights (“OCR”) settled ten cases and prevailed in another before an Administrative Law Judge to the tune of $28,700,000. This is a new record for OCR, besting 2016 by over $5,000,000. The latest settlement clocked in at $3,000,000, owed by a health system in California that experienced two breaches of electronic protected health information (“ePHI”), which…
Disputes sometimes arise between owners of family-owned businesses. And sometimes those owners say unflattering or insulting things about one another to other family members. When one family member claims that another owes him or her money in connection with the business, he or she may even use language like “steal,” “thief” and “robbed” in comments about the other owner.  When that happens, can the target of the statements sue for defamation?  In Nguyen v. Vu,…
A reminder to Connecticut employers: generally speaking, questions about an applicant’s salary history are prohibited as of January 1, 2019. As I detailed in an earlier post, Connecticut has joined the growing number of states restricting what employers may ask applicants about salary history. While salary history inquiries are now generally prohibited, there are two important exceptions that are discussed in my earlier blog post. I encourage Connecticut employers to review employment applications…
For many years, the plaintiffs’ bar has been very active in bringing class action litigation against public companies immediately after the announcement of adverse news concerning a company, which many times triggers a decline in the company’s stock price.  Since at least the Yahoo data breach in 2013 (which led to a settled SEC enforcement action and a recently-settled class action lawsuit), plaintiffs’ lawyers have been increasingly drawn to using data breach problems to allege…
A Colorado Hospital reached an $111,400 settlement with the Office for Civil Rights (“OCR”) for failing to terminate a former employee’s access to electronic protected health information.  OCR’s investigation uncovered that the hospital impermissibly disclosed electronic protected health information of over 500 individuals to the former employee because it failed to terminate that employee’s access.  Additionally, OCR found that the hospital impermissibly disclosed information to Google Calendar, without a business associate agreement.  There are two…
The Request for Information on Modifying HIPAA Rules to Improve Coordinated Care is slated for publication in the federal register tomorrow.  The Department of Health and Human Services’ Office for Civil Rights (OCR) issued an advance copy of the RFI yesterday.  Specifically, “OCR seeks information on the provisions of the HIPAA Rules that may present obstacles to, or place unnecessary burdens on, the ability of covered entities and business associates to conduct care coordination and/or…