Archives of Newsletter Articles

DOL WORKPLACE POSTERS ARE STILL IMPORTANT (AND REQUIRED)!

While the Department of Labor Workplace Posters appear to be an outdated means to communicate employee rights, these posters are still very much a part of the DOL’s arsenal to ensure that employees are aware of their rights. In most cases, the posters are still required to be on display in the workplace, and the […]

IS YOUR EMPLOYEE’S SOCIAL MEDIA POST PROTECTED?

In today’s age, nearly all Americans have some sort of social media account, whether that be Facebook, Instagram, Twitter, LinkedIn, YouTube, or TikTok. With this widespread use, employers are often faced with a myriad of challenges relating to their employee’s social media accounts. Employees will often post statements/videos/comments on their private accounts that may not […]

NEW STANDARD FOR “EQUALITY” UNDER THE EQUAL PAY ACT

The Equal Pay Act (EPA) prohibits employers from discriminating “between employees on the basis of sex by paying wages to employees… at a rate less than the rate at which [it] pays wages to employees of the opposite sex.” Previously, courts determined that the EPA required companies to make sure the total compensation for employees […]

WHEN IS COVID-19 A DISABILITY?

On December 14, 2021, the Equal Employment Opportunities Commission (EEOC) released Guidance on when Covid-19 is considered a disability under the Americans with Disabilities Act (ADA). Under the ADA, an employee is considered an “individual with a disability” if (1) s/he has an actual disability, (2) s/he has a record of having a disability, or […]

NO SURPRISES ACT: WHAT HEALTHCARE PROVIDERS NEED TO KNOW

The No Surprises Act, effective January 1, 2022, is designed to protect patients from “surprise bills” – bills for services patients unexpectedly receive from out-of-network (OON) providers in an in-network facility. The law also promotes patient transparency by requiring providers to give good faith estimates of the total cost of expected care to uninsured and […]

IRS ANNOUNCES INCREASED 401(K) CONTRIBUTION LIMIT

Last month, the Internal Revenue Service (IRS) announced that the 2022 employee contribution limit to 401(k) plans has been raised to $20,500, an increase from $19,500 for 2021 and 2020. People aged 50 and older may contribute a catch-up of $6,500 to 401(k), 403(b), most 457 plans, and the federal government’s Thrift Savings Plan. The […]

BRIBES DISGUISED AS ROYALTIES? WHY HEALTHCARE PROVIDERS SHOULD BE CAUTIOUS ABOUT MEDICAL DEVICE ROYALTY PAYMENTS

Some medical device companies pay physicians royalty fees to help develop their products. While these payments are permissible when structured appropriately, they are unlawful when their true purpose is to pay kickbacks to physicians for using or recommending medical devices. Federal enforcement agencies are cracking down on illegal kickbacks under the guise of royalty payments […]

EEOC FILES COVID-19 LAWSUIT FOR FAILURE TO ACCOMMODATE

Last month, the EEOC filed its first lawsuit against an employer due to its alleged failure to reasonably accommodate an employee’s request related to COVID-19. The EEOC alleges that an employer unlawfully denied an employee’s request to work from home two days per week and ultimately terminated her employment. Ronisha Moncrief (“Moncrief”), who has chronic […]