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WEBINAR SERIES RECAP | Employment & Labor

Client Alert, Multimedia
November 15, 2023

BMD Partner and Co-Chair of the Employment & Labor Law Group, Bryan Meek, presented this four-part webinar series.

The Future of Non-Compete Enforcement and Methods for Employer Protection

Originally Aired October 11, 2023

Speakers: Bryan Meek and Amanda Waesch

Non-compete agreements are becoming heavily restricted, and proposed regulations from the federal government further threaten their existence as a tool for employers to protect trade secrets, customer bases, and exclusivity. Learn about the restrictive changes coming for non-competes, how employers can prepare, and other tools that are available to employers to protect business interests.

Employee Misclassification and Discrimination in the Workplace

Originally Aired October 25, 2023

Speaker: Bryan Meek

Terminated employees are increasingly filing for discrimination investigations at state and federal level discrimination agencies. These filings range from gender and race-based discrimination to improper coordination of the interactive process under the Americans with Disabilities Act. In addition, employees are now banding together to bring filings challenging their exemption classifications or classifications as contractors, which lead to class action lawsuits against companies. We discuss the increase in discrimination and wage & hour filings, what employers can do to protect themselves, and what employers should do when they become subject to discrimination and harassment investigations.

Employee Marijuana Use in the Era of Legality

Originally Aired November 8, 2023

Speakers: Bryan Meek and Ashley Watson

Marijuana legalization is taking the country by storm with new states legalizing recreational or medical use of marijuana each year.  Are employers required to allow use of marijuana as a recreational drug outside of work hours? Can employees still be fired if they test positive for marijuana use? Do employers have to allow their employees to use marijuana as prescribed for the treatment of an ailment or disability? Are there added limitations for healthcare workers when it comes to the use of marijuana? Find out the answers to all of your questions regarding the use of marijuana in the workplace.

The New Pregnant Employee Protections in the Workplace

Originally Aired November 15, 2023

Speaker: Bryan Meek

This year, the United States witnessed the biggest changes to pregnant employee discrimination protections since the adoption of the Pregnancy Discrimination Act of 1978. As a result, pregnant employees and those that are breastfeeding have more significant protections in the workplace than ever before. Get to know the Pregnant Workers Fairness Act and the Pump Act, as well as how to engage with pregnant employees when seeking accommodations.

Bryan MeekAmanda L. WaeschAshley WatsonLabor and Employment Law
Client Alert

CLIENT ALERT: Medicare Trust Fund to Run Out of Funding Beginning in 2026, Likely to See an Increase in Audits, Overpayment Demands and Extrapolations

June 6, 2018Pursuant to a Medicare Trustee Report released on June 5, 2018, the Medicare trust fund will run out of funding beginning in 2026, which is three years earlier than previously expected. Although the Trustee’s report requests that Congress and the President act with urgency to remedy this problem, in the short term, we expect to see an increase in government payer audits, overpayment demands, and extrapolations.Client Alert

CLIENT ALERT: The European Union's New Data Privacy Law Goes Into Effect

June 5, 2018On May 25, 2018, the European Union’s (“the EU”) new data privacy law went into effect. The General Data Protection Regulation (“GDPR”) concerns the processing of personal data that can be searched according to specified criteria such as geographical scope.Client Alert

CLIENT ALERT: Class Action Waivers in Employment Contracts Upheld by Supreme Court

May 24, 2018On May 21, 2018, in a 5-4 decision and a major win for employers, the United States Supreme Court upheld the legality of waivers in employment contracts that prohibit employees from grouping claims together in collective or class actions in favor of individual arbitration proceedings. See Epic Sys. Corp. v. Lewis, ___U.S.___ (2018).Client Alert

CLIENT ALERT: Prohibition on Recoupment Prior to Exhaustion of Administrative Remedies

May 18, 2018In April, the Fifth Circuit Court of Appeals, in Family Rehabilitation, Inc. v. Azar No. 17-11337 (5th Cir. 2018), held that district courts are authorized to enjoin the Centers of Medicare & Medicaid Services (“CMS”) and its contractors from recouping alleged overpayments prior to the completion of the administrative appeal process.Client Alert

CLIENT ALERT: Low Volume Appeals Settlement for RAC Appeals

May 4, 2018In April, the Centers for Medicare & Medicaid Services (“CMS”) issued a new settlement proposal to providers with outstanding appeals at the Office of Medicare Hearings and Appeals (“OMHA”) and the Medicare Appeals Council (“MAC”). Essentially, CMS is offering to pay up to 62% of the claim to the provider for qualifying claims that are currently in the appeal process. Interested providers may submit an Expression of Interest (“EOI”) to CMS by June 8, 2018. Providers should explore this settlement opportunity and submit an EOI to receive an offer of settlement. Providers may decline the offer after the EOI is submitted. Brennan, Manna & Diamond, LLC’s Provider Relations, Audit, and Appeals Unit, a division of its Healthcare Department, is able to assist providers with filing the EOI, analyzing the outstanding claims subject to the settlement, and reviewing the Administrative Agreement that is offered by CMS.
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