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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; Davis 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...


HTMLACA Cadillac Tax Proposed Regs: What Treasury and IRS Are Considering
Stephanie O. Zorn; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 10, 2015
The Affordable Care Act (“ACA”) added section 4980I to the Internal Revenue Code (“Code”). Code section 4980I applies to tax years after December 31, 2017, and provides a tax on high cost employer-sponsored health coverage - if the aggregate cost of employer-sponsored...


HTMLNurse’s Request to Use Cane in Behavioral Health Unit Not a Reasonable Accommodation, Court Rules
Michael R. Bertoncini; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on February 24, 2015
A nurse’s request to use a cane while working in a hospital’s behavioral health unit is not a reasonable accommodation under the Americans with Disabilities Act, a federal district court in Florida has ruled. United States Equal Employment Opportunity Commission v. St. Joseph’s...


HTMLNew York Whistleblower Court First to Address What It Means to Identify Overpayment under ACA's 60 Day Rule
A.G. (Alec) Alexander; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
March 24, 2015, previously published on January 21, 2015
For the first time since its enactment as part of the Affordable Care Act (ACA) in 2010, a federal court in a whistleblower action will consider a provision requiring providers to return overpayments within sixty days of when they are “identified.” The upcoming decision by the United...


HTMLThe 2015 Employer Mandate Is Here; Have Health Care Strategies Becomes Limited for Plan Sponsors? - The Corporate Counselor, Vol. 29, Num. 12
Jennifer S. Kiesewetter; Butler Snow LLP;
Legal Alert/Article
March 23, 2015, previously published on March 1, 2015
The year 2015 is here and so is the Affordable Care Act’s (ACA) employer “play or pay” mandate, which has been delayed, in total or in part, twice. On July 2, 2013, the Administration delayed the employer mandate for employers with more than 50 employees until 2015. Then on Feb....


HTMLEmployers Beware: Significant Penalties May Be Assessed for Reimbursement of Individual Health Insurance Policy Premiums
Mindi M. Johnson; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 19, 2015, previously published on December 18, 2014
Employers, including municipal employers, have historically struggled to develop a health insurance benefit program for their employees that provides quality benefits and is cost-effective. After the Health Insurance Marketplace opened for business, many employers recommended that their employees...


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