Catgeories: Uncategorized,

Large restaurant chains have paid millions of dollars in settlement money for improper tip pooling arrangements. There are trends in lawsuits under the Fair Labor Standards Act (FLSA). Recently, suits by tipped employees suing their employers has become popular. Restaurants and bars of all sizes, across the country, are being sued by tipped employees who claim that they were tipped improperly. This is because there are a set of complex regulations as to how tipped employees are paid, and how they are informed about their pay. A business can pay a tipped employee correctly, but inform them of their pay...
Catgeories: Uncategorized,

One of the most common mistakes that employers make is believing that because they pay employees a salary, the employers do not need to pay the employees overtime. There are employees who receive a salary, and do not need to be paid overtime because they are exempt from the law’s requirement to pay overtime. However, the duties that an employee performs, their training, and their position, determine whether they are exempt from the Fair Labor Standards Act’s (“FLSA”) overtime requirements, not if they are paid a salary. I represent many employers who confuse the fact that most employees who are...
Catgeories: Uncategorized,

For employees, whose employers classify them as exempt from overtime requirements, it just became harder to sue their employers. If an employee is exempt, an employer does not need to pay them overtime. Common exempt employees include, but are not limited to, managers, administrators, supervisors, chefs, commercial drivers, domestic employees, and commissioned salespeople. Until recently, when an employee sued an employer for unpaid overtime under the Fair Labor Standards Act (FLSA), there was a strong legal presumption against the employer, because exemptions were narrowly construed. However, in April of 2018, in a case called Encino Motorcars (Encino Motorcars, LLC v....
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Catgeories: Health Care, Health Law, Medical Malpractice Defense,

It is a crime for any person to pay or receive anything of value if even one purpose of that payment is to induce the referral of a patient for a health care good or service. This prohibition exists in Federal law and, in various permutations, often exists in states’ laws as well. On the Federal level, this restriction does not apply if and to the extent that the arrangement fits within one of approximately twenty-five fact patterns that appear in Federal law and regulation (each called a “Safe Harbor”). Some, but not all, states’ laws incorporate various versions of...
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https://www.telemundo51.com/noticias/destacados/Los-gastos-m_dicos-tras-la-mordida-de-un-mapache_TLMD---Miami-493540311.html
Catgeories: Anti-Kickback & Fraud, Health Law, Stark,

Allegations against a company in Texas that acted as a “prescription manager” for physicians, finding the highest reimbursed drugs in various health plans and encouraged physicians to prescribe those drugs. There is some indication that select pharmacies filled the prescriptions with certain financial benefits going back to the doctors. Based on the article it appears to be a fairly large operation. The company, for its part, claims it did nothing wrong; having had attorneys review and approve their business model. However, there are relatively few arrangements that would not be deemed kickbacks in financial relationships between physicians, pharmacies and middlemen....
Catgeories: Anti-Kickback & Fraud, Health Law, Stark,

A lawsuit filed by the State of California alleges that the drug maker, AbbVie, induced physicians to over-prescribe Humira, a drug used for the treatment of rheumatoid arthritis. The alleged kickbacks included supplying nurses to go to the patients’ homes as an extension of the physicians’ practice to administer the medication and complete physician’s administrative paperwork. The suit alleges that the nurses, paid by and working for the drug company, looked out for the drug company’s interests, not those of the patients and benefited the physicians by taking care of administrative tasks that would have otherwise fallen to the doctor’s...
Catgeories: Anti-Kickback & Fraud, Health Law,

A group of taxi companies allegedly took up a unique way of competing with ride share companies like Uber and Lyft; Medicaid Fraud. A New York man entered a plea agreement last week to a health care fraud conspiracy involving millions of dollars’ worth of fraud in charges for patient transportation. Medicaid pays for non-emergency medical transportation for beneficiaries who cannot afford their own transportation. Through a combination of kickbacks and fraud including charges for rides that never happened, the taxi companies ran up some hefty fares. Bernard M. Cassidy Lubell Rosen bmc@lubellrosen.com
Catgeories: News & Resources,