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Total Articles: 10

Home Care Agencies Sued for Illegal Use of Captive Insurance Company

Executive Summary. Class action attorneys recently filed a first-of-its-kind class action against Edison Home Health Care (“Edison”) and Preferred Home Care of New York (“Preferred”) alleging that the home care agencies used a “captive” insurance company to cheat their home care workers out of millions of Wage Parity Act (“WPA”) dollars. This is the first lawsuit targeting use of captive insurance companies to provide health benefits and was brought under ERISA, the federal statute governing employee benefit plans, as well as the WPA. The suit claims that the agencies used a captive insurer to avoid paying their Medicaid funded home care workers the full $4.09 WPA package of additional wages and benefits (“WPA Package”) and, instead, returned WPA-credited benefit dollars to the agencies and their owners. No prior lawsuit has targeted use of captive insurance companies in this way, and the progress of this lawsuit will be closely watched.

App-roaching the Bench: Providing Legal Services Through Technology

In this day and age, virtually every service provider has adopted some form of technology to assist clients and customers. Why should the delivery of legal services be any different? Scott Rechtschaffen, Chief Knowledge Officer at Littler Mendelson, and Kevin Mulcahy, Vice President of Education and Community Programs at Neota Logic, recently served as adjunct professors at Cornell Law School to teach students how law firms and tech companies are bridging the law-technology gap. The course, taught at Cornell Tech in New York City, culminated in a contest where students were able to showcase innovative ways to provide legal assistance through new platforms and applications. In this podcast, Scott, Kevin, and students reflect on the course and the evolution of legal services.

Tips For Planning Holiday Parties

Holiday parties are a great way to show appreciation to employees for dedication and hard work. But they can also expose employers to liability for harm caused by employees who become intoxicated during the festivities.

PTO For the Win: Why Businesses Should Make the Switch

Originally published by New York Law Journal – online November 2, 2018 and in print November 5, 2018. Companies of all shapes, sizes and industries all across the country have been deciding to ditch their traditional vacation and sick time policies in favor of an integrated Paid-Time-Off (PTO) system. Implementing a PTO system can have numerous advantages for employers and their businesses, saving you time, money and energy in managing your staff’s time off benefits. With the current trend moving away from traditional leave systems, now might be a good time to ask yourself: is PTO right for your business?

PODCAST: Data Breach in Brief: Knowing the Risks and Protecting Your Company

Data breaches continue to be an unfortunate risk that companies face with increasing frequency. In this podcast, Rebecca Bennett, Stephen Riga, and Justin Tarka discuss data breaches from both a U.S. and EU perspective, including what constitutes a data breach, required notifications after a breach, legal consequences of a breach, and best practices for reducing legal risk.

Self-Driving Trucks and Labor Law—A Look Ahead

Welcome to the future: The year is 2020 and an organized—i.e., unionized trucking company—“L2M2” has announced it is acquiring a convoy of autonomously powered—i.e., “self-driving”—transportation vehicles.

Employers’ New Year’s Resolutions: 5 Ways to Update Your Employee Handbook by Year’s End

How long has it been since your organization updated its employee handbook? It’s time to brush off any layers of dust that have accumulated over the years and make it a priority to conduct a review prior to the year’s end. This article highlights five evolving areas employers can focus on now to start the quickly-approaching new year off on the right foot.

5 Takeaways on Managing Challenging Physician Employment Situations

What should (or can) you do if a locally recognized “Best Physician” throws a scalpel in the direction of a nurse during surgery? What are a CMO and CNO’s obligations to investigate when he/she learns there is a “situation” between a doctor and a nurse? How do you balance patient safety and compliance with anti-discrimination laws when the medical staff revokes an impaired physician’s privileges?

November 2018: The Top 12 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month was no exception.

Host of 2018 Midterm Ballot Initiatives Will Impact the Workplace

With passions running strong on both sides, last month’s midterm election marked the highest voter turnout for a midterm since 1966. But with much attention focused on the House and Senate results, as well as—yet again–voting machine issues in Florida, several notable state ballot initiatives may have flown under your radar.