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HTMLSupreme Court Rules in King v. Burwell
John P. Doyle, Randall B. Weill; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
July 28, 2015, previously published on June 25, 2015
Today, the U.S. Supreme Court ruled 6-3 in the King v. Burwell case to uphold federal subsidies in the states where the federal government is operating the insurance Marketplace under the Affordable Care Act. The majority ruled that the literal interpretation of the provision in question did not...


HTMLMedical Residents Held Subject to FICA
Pessin Katz Law P.A.;
Legal Alert/Article
July 13, 2015, previously published on July 2, 2015
In the case of University of Texas System v. U.S., 759 F.3d 437, (2014) the U.S. Supreme Court on April 27, 2015 declined to review a decision of the U.S. Fifth Circuit Court of Appeals which, affirming the district court, held that medical residents working for the University of Texas System were...


HTMLHealth Care Subsidies Upheld
Autumn G. Long; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
July 3, 2015, previously published on Second Quarter 2015
Today, in King v. Burwell, the United States Supreme Court voted 6-3 to uphold the availability of subsidies provided by the Affordable Care Act (“ACA”) in federal Exchanges. This ruling means that, for most employers, the threat of ACA penalties is a reality.


HTMLChildren With Special Needs May Receive Medicaid Coverage for Home Care Despite Parents' Assets
Ryan W. Barry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
June 23, 2015, previously published on June 2015
If you have a child with special needs who requires an institutional level of care that can be provided in your home instead of in a hospital or other institution, the Katie Beckett Medicaid Waiver program may allow you to keep your child at home, even if you think that your assets are too high to...


HTMLTwo District of Columbia Agencies Will Enforce New Protections for Pregnant Workers
Alta M. Ray, Teresa Burke Wright; Jackson Lewis P.C.;
Legal Alert/Article
June 8, 2015, previously published on June 3, 2015
The District of Columbia Office of Human Rights (OHR) and the District of Columbia Department of Employment Services (DOES) announced on June 1, 2015, a joint effort to investigate and enforce the Protecting Pregnant Workers Fairness Act of 2014 (“PPWFA” or “Act”). An...


HTMLIs Malicious Prosecution a Potential Settlement Tool?
Michael K. Brisbin, Laura E. Fannon; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 15, 2015, previously published on May 11, 2015
In many instances, insurers are initially sued by plaintiffs with colorable claims seeking monetary recovery. During the course of litigation and through discovery, it sometimes becomes clear that the plaintiff’s claim or claims have no merit. Yet, the plaintiff and his or her counsel...


Adobe PDFTop 10 Considerations for Employers Addressing Ebola and Other Dangerous Contagious Diseases in the Workplace
Lisa Handler Ackerman; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 7, 2015, previously published on January 2015
The Ebola virus is the current example of workplace issues facing employers when a potentially deadly infectious disease spreads in the population.


HTMLEEOC Issues Important Proposed Rule Governing Employer Wellness Programs
Edward S. Schenk III; Williams Mullen;
Legal Alert/Article
April 27, 2015, previously published on April 22, 2015
On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) published a proposed rule further addressing increasingly popular employer “wellness programs.” These programs generally incentivize employees to make healthier lifestyle choices by participating in nutrition and...


HTMLNew Policy Guidelines for Police Information Checks in British Columbia
Larry Page; DLA Piper (Canada) LLP;
Legal Alert/Article
April 21, 2015, previously published on March 31, 2015
In the past, when employers in British Columbia requested police information checks on prospective employees, there were no clear guidelines on the type of information that would be provided. It was common for police information checks to include information about mental health issues relating to...


HTMLCan You be “Served” or “Notified” Electronically?
Pessin Katz Law P.A.;
Legal Alert/Article
April 6, 2015, previously published on February 27, 2015
Two recent cases produced what appear to be different answers to the question posed above. In the first case, a U.S. District Court in Gardner v. Detroit Entertainment, (Case No. 12-14870, October 15, 2014, USDC, E. Mich.) ruled in favor of an employee who failed to open her employer’s email...


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