Beware of Regular Rate Issues and Commissioned Employees
On July 12, 2018, in the matter of Johnson v. Cincinnati Bell Inc., et al., a U.S. District Court in Ohio certified a class of non-exempt commissioned sales representatives pursuant to §...
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8 Ways to Prevent, Respond to Non-Employee Sexual Harassment
A quote from Rick Hackman was recently featured in the Medical Practice Compliance Alert newsletter. This monthly newsletter offers advice for practices on how to stay compliant with medical rules...
Healthcare Construction-Risk Mitigation is Critical for Vulnerable Patients
Due to the unique nature of healthcare facilities, construction projects require careful, specialized attention. As described in previous articles, a detailed risk mitigation plan should be undertaken before any project...
Governor Wolf Approves a Major Overhaul of Pennsylvania’s Contractor and Subcontractor Payment Act
In 1994, the Contractor and Subcontractor Payment Act (CASPA) was enacted in Pennsylvania as a tool for contractors and subcontractors to use to help facilitate payment for services rendered on...
FAA > NLRA & FLSA: Class Action Waivers in Employee Arbitration Agreements are Enforceable
In a recent ruling, a closely divided Supreme Court held that employment arbitration agreements must be enforced pursuant to their terms, resolving a circuit split in favor of employers and...
Compensable Travel Time under the Fair Labor Standard Act (FLSA) for Hourly Technicians
On April 12, 2018, the U.S. Department of Labor Wage and Hour Division issued an opinion letter on the compensability of travel time for hourly wage technicians. The opinion letter...
Project Labor Agreements and the Public Works Open Contracting Act (House Bill 1849)
Earlier this month, I attended Free Enterprise Day in Harrisburg with Associated Builders and Contractors, Inc. of Pennsylvania. ABC is a national trade industry association that defends “free enterprise” in...
Liability Risks under MACRA and Value-Based Contracts
Physician services are reimbursed under Medicare Part B based upon a fee schedule that includes more than 7,000 separate services for office visits, surgical procedures, diagnostic tests and therapeutic procedures....
Why Hospitals Should Closely Follow the PRPA When Conducting Peer Review-Type Activities
In an important recent decision, the Pennsylvania Supreme Court held that a performance review of an emergency medicine physician who was employed by an independent contractor corporation staffing a hospital’s...
Pennsylvania appellate court overturns $21 million Plaintiff’s Verdict in an Insurance Bad Faith Action
On April 9, 2018, the Pennsylvania Superior Court threw out a trial court’s $21 million plaintiff’s verdict ($18 million for punitive damages and $3 million for attorney’s fees) in an...