Reed Smith LLP

California companies have been required to reconsider their use of independent contractors since the state’s Supreme Court outlined the new ABC test in Dynamex Operations West, Inc. v. Superior Court. Unlike the prior Borello test, which involved the balancing of numerous factors, the ABC test requires that a company establish all of the following: (A) the worker is free from the control and direction of the company; (B) the work is outside the company’s usual…
Representatives Jackie Speier (D-California) and Dina Titus (D-Nevada) have introduced HR 2143, the Promoting Integrity in Medicare Act of 2019 (PIMA), which – if enacted – would narrow the “Stark” law’s exceptions and have a direct impact on the services provided by physicians who self-refer for the performance of certain designated health services. The 2019 bill is similar to previous proposals introduced by Representative Speier in prior years. PIMA would strengthen the Stark law by…
Effective April 10, 2019, certain employers must comply with Westchester County’s Earned Sick Leave Law (WESLL). Westchester County’s Human Rights Commission recently released additional guidance about the new law, which can be found here. Eligibility, accrual and carryover Generally, under the law, full- and part-time Westchester County employees who work 80 hours or more during a calendar year are eligible to use sick leave for the care and treatment of themselves or a…
The UK Government has published a White Paper outlining its approach towards regulating the internet to tackle online harms. The White Paper cites a study carried out by the UK’s communications regulator (Ofcom) and data protection regulator (Information Commissioner’s Office (ICO)). The study found that nearly one in four British adults suffered harm from either online content or their interactions online. Regulatory and voluntary initiatives currently dealing with online harms were identified by the UK…
Every day our inbox overflows with legal news aggregation emails. Some of the items are useful. Some must have been authored by Captain Obvious. Some are irrelevant to our practice. We would have thought that comfortably residing in that last category are discussions of the burgeoning marijuana field. The “Week in Weed” and other such periodic news blasts clue us in that there are loads of lawyers out there working on something that would have…
The Centers for Medicare & Medicaid Services (CMS) has proposed a 2.7% increase in Medicare hospice payment rates for fiscal year (FY) 2020, which the agency estimates would result in a $540 million increase in Medicare payments to hospices compared with 2019 levels.  The annual update would be reduced by 2 percentage points for hospices that fail to report required quality data.  The proposed FY 2020 hospice cap is $29,993.99, compared with the FY 2019…
The Centers for Medicare & Medicaid Services (CMS) is expanding the types of durable medical equipment (DME), prosthetic, orthotics, supplies (DMEPOS) that are subject to Medicare prior authorization requirements on the basis of being “frequently subject to unnecessary utilization.”  Specifically, CMS announced that it is adding to the Required Prior Authorization List: Seven power wheelchair codes (K0857, K0858, K0859, K0860, K0862. K0863, and K0864), effective July 22, 2019. Five support surface codes (E0193, E0277, E0371.…
The Information Commissioner’s Office (ICO) announced its intent to fine Bounty (UK) Limited (Bounty) £400,000 for breaching the Data Protection Act 1998 (the Act). Due to the timing of this breach, it was governed by the Act rather than by the General Data Protection Regulation 2016/679 (GDPR). The maximum penalty permitted under the pre-GDPR regime in the United Kingdom was £500,000. Background Bounty was a pregnancy and parenting support club. It provided information packs and…
On March 29, 2019, a California Court of Appeal held that a trial court did not retain jurisdiction under Code of Civil Procedure section 664.6 to enforce a settlement agreement after dismissal of the underlying lawsuit because the parties did not comply with the strict requirements of section 664.6. At first blush, the decision in Mesa RHF Partners, L.P. v. City of Los Angeles (Mesa) may not seem significant; however, the court’s holding now requires…
On 23 April 2019, Singapore’s Personal Data Protection Commission (commission) issued two separate grounds of decision against PAP Community Foundation and Tutor City. In both cases, the commission issued warnings to the organisations for breaching the protection obligation under section 24 of the Personal Data Protection Act (PDPA), but no financial penalty was imposed. PAP Community Foundation (PCF) The facts of this case were as follows: PCF provides kindergarten services, and organises various school…