All posts of Gardner Skelton

Federal Health Care Investigators to Audit Medicaid Telehealth in Behavioral Health in 2019, 2020

Several months ago, the Department of Health and Human Services’ Office of Inspector General (“OIG”) announced its plans, beginning in 2020, to examine how state Medicaid managed care organizations (“MCOs”) provide behavioral health services via telehealth. The OIG announced that it will review “monitoring and oversight” of telehealth services as well as state and MCO practices, […]

CBD Use Is Legal…Right?

Employers: Do you conduct drug tests on applicants or employees? What will you do if the reason for a failed result is the use of CBD? What if the person is disabled? CBD (cannabidiol) oils and other products are advertised and sold in countless stores, from health food stores to gas stations and gyms. Accurately […]

Employee Files EEOC Charge, Then Copies Five Confidential Coworker Files

Q: Protected Title VII Activity? A: Not When This Also Breaks State Law. Employer Pop Quiz: If an employee has filed a charge with the EEOC alleging discriminatory discipline, then that same employee reviews, copies, and distributes confidential personnel files of coworkers, all without authorization, can you fire her for that? As usual, the answer is: […]

North Carolina Court of Appeals Rules Non-Compete and Liquidated Damages Provisions Unenforceable for Public Policy

InAesthetic Facial & Ocular Plastic Surgery Center, P.A. v. Zaldivar, the North Carolina Court of Appeals last month unanimously affirmed a lower court’s ruling that a former employer’s restrictive covenants against a highly specialized physician were unenforceable because they would harm public health by restricting patient access to a scarce medical resource in violation of […]

DOL Proposes Rule to Raise Salary Threshold for FLSA Overtime Exemptions

We know many of you have been awaiting word on new salary thresholds since the Obama administration’s 2016 proposal was struck down by the courts. Here is the new proposal in a nutshell: “White collar” exemption salary threshold is planned to increase by $11,648 To $679 weekly ($35,308 annually) From $455 weekly ($23,660 annually) Expected effective […]