Insights

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Sep 12, 2016 | Nurses and Overtime Pay: Who is Eligible? Who is Exempt?

For our clients who employ nurses, the question arises on occasion as to whether employed nurses are to be considered exempt employees for purposes of the minimum wage and overtime pay requirements of the Fair Labor Standards Act (“FLSA”). We have ne...

Aug 15, 2016 | HHS Issues Guidance on Ransomware Attacks

In July 2016, the Department of Health and Human Services Office of Civil Rights issued guidance (“HHS Fact Sheet”) intended to help health care entities understand and respond to ransomware attacks [1].  Ransomware is a type of malware that deni...

Aug 4, 2016 | With Business Contracts, Lost Profits (Not Lost Revenues) Are the Proper Measure of Damages

Thomas P. Wert, Board Certified Construction Attorney[1] In late June, the District Court of Appeal of Florida, Fourth District, reiterated that in a breach of contract case, lost revenue alone is typically an improper measure of damages. In...

Jul 26, 2016 | OSHA Delays Enforcement of New Rule's Anti-Retaliation Provisions

On July 13, 2016, the Occupational Safety and Health Administration (OSHA) announced it was delaying enforcement of the anti-retaliation provisions in its new injury and illness tracking rule. Generally, the new rule requires large employers to elect...

Jul 26, 2016 | State Budget Schedule, Tax Changes Expected

Governor Kasich’s Administration recently provided guidance to state agencies regarding upcoming biennium budget requests that included a goal of encouraging Ohio’s economic competitiveness and job growth while restraining state spending. With...

Jul 25, 2016 | Privacy Issues Lead to BIG Fines Under HIPAA

On June 24, 2016, the Catholic Health Care Services of the Archdiocese of Philadelphia (“CHCS”) entered into a “Resolution Agreement and Corrective Action Plan” to settle alleged violations of the Health Insurance Portability and Accountability Act o...

Jul 12, 2016 | Ohio Medical Marijuana Law to Take Effect in September

Ohio’s new medical marijuana bill (HB 523) becomes effective on September 6, 2016. Passed by the Ohio General Assembly at the end of May and signed by Governor Kasich on June 6, the law makes Ohio the 25th state to pass a medical marijuana bill. The...

Jul 11, 2016 | Upcoming State Budget Expected to See Major Tax Changes - "This is a significant budget issue for the state, counties, and transit authorities," says State Budget Director

In the coming weeks, Governor Kasich and the General Assembly will begin drafting Ohio’s two-year state budget. While the official introduction of the budget will take place in February of 2017, discussions about what the budget will entail have alre...

Jun 30, 2016 | What Does "Brexit" Mean For Your Valuable Trademarks and Brands?

By now, most have heard about the potential political and economic consequences of last week’s historic UK vote to exit the EU. What you may not have considered, though, is the effect of “Brexit” on your trademarks and brands. This alert provides som...

Jun 28, 2016 | BREXIT: United Kingdom Withdraws from the European Union

The United Kingdom (UK) voted to leave the European Union (EU) on Thursday, June 23, 2016. The referendum, colloquially known as BREXIT (British Exit), sparked international concerns and upheavals in international markets. The UK has been a member...

Jun 24, 2016 | House Passes Small Business Healthcare Relief Act (HR 5447)

Earlier this week, the House of Representatives, with bi-partisan support, passed the Small Business Healthcare Relief Act (“SBHRA”). Under current provisions of the Patient Protection and Affordable Care Act, an employer that does not maintain a gro...

Jun 22, 2016 | FAA Issues Long-Anticipated Commercial Drone Rules & Eliminates the Section 333 Exemption Process

On Tuesday, June 21, 2016, the FAA issued its long-anticipated rules governing commercial operations of small, unmanned aircraft systems (UAS), otherwise known as drones. The new rules, which have been in the works since companies and drone makers be...

Jun 15, 2016 | Court Denies FTC'S Bid to Prohibit Health System Merger

After a six-day evidentiary hearing, on June 14, 2016, the United States District Court for the Northern District of Illinois issued an opinion denying a request by the Federal Trade Commission (FTC) for a preliminary injunction to block the proposed...

Jun 9, 2016 | Ohio Legislature Passes Over 30 Bills in 48 Hours

The Ohio General Assembly is officially on summer recess as they gear up for their November elections. They had a busy spring session, culminating in two whirlwind days during the last week of May, where they passed over 30 bills. The topics ranged f...

May 18, 2016 | Department of Labor Issues Final Rule Expanding Overtime Pay

The Department of Labor (DOL) has issued a final rule expanding the number of Americans that qualify for overtime pay under the Fair Labor Standards Act (FLSA). The new rule, issued on May 18, 2016, will more than double the annual salary threshold t...

May 12, 2016 | OSHA Finalizes Controversial Electronic Recordkeeping Rule

The Occupational Safety and Health Administration (OSHA) has issued its final rule revising its regulations on the recording and reporting of occupational injuries and illnesses.  Under the rule, establishments with 250 or more employees must elec...

May 10, 2016 | FDA Issues "Deeming Regulations" Covering Additional Tobacco Products Including Electronic Cigarettes, Cigars and Pipe Tobacco

On May 10, 2016, the Food and Drug Administration (FDA) issued a final rule (Deeming Regulations) bringing cigars, pipe tobacco, electronic nicotine delivery systems (ENDS) (including electronic cigarettes), water pipe (hookah) tobacco, dissolvab...

May 4, 2016 | State and Local Governments Considering Drone Laws Should Consult with the FAA

Recently, the Cleveland City Council passed legislation aimed at giving local law enforcement the power to enforce federal restrictions on flying drones (also known as unmanned aircraft systems or “UAS”) within city limits. The Cleveland law mirrors...

Apr 28, 2016 | "60 Days" Means 60 Days - Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed

By: Thomas P. Wert, Esquire, Board Certified Construction Lawyer1 Lienors beware – when the Florida lien law says “60 days,” the Florida lien law means 60 days. On April 8th, a Florida Court of Appeal confirmed once again that the deadlines set...

Apr 11, 2016 | Favorable Ruling for Insurance Agency and Its Agents

A decision recently issued by the Crawford County Court of Common Pleas is a positive signal for insurance agencies and their agents. Although the insureds asserted numerous claims in the suit − including fraudulent misrepresentation, negligent procu...

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