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OIG’s Special Fraud Alert Regarding Lab Payments for Referring Physicians

In general, the Anti-Kickback Statute (AKS) operates to protect the public from overutilization of medical services, by prohibiting payments for referrals. A violation that does not qualify for a safe harbor under the statue can result in fines and imprisonment for any party involved in a prohibited transaction. The Office of the Inspector General (OIG) recently issued a fraud alert regarding compensation paid to physicians who refer specimens to laboratories for processing. The report provides a detailed analysis of several types of referral arrangements that it believes are likely to violate the AKS. (Read More)

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Shaw v. Superior Court: California Health Facility Workers May be Entitled to Jury Trials

Health facilities take note: a recent California court decision could expose hospitals, health systems and other facilities to the risk of a jury trial if accused of retaliating against employees, healthcare workers or members of the medical staff for complaining about the quality of care provided.

In Shaw v. Superior Court, defendant Kindred Hospital in Los Angeles allegedly terminated plaintiff Deborah Shaw for complaining Kindred was employing unlicensed and uncertified healthcare professionals. Following her termination, Ms. Shaw sued Kindred, arguing she was protected from retaliation by California Health & Safety Code section 1278.5. Under that section, health facilities are prohibited from retaliating or discriminating against any patient, employee, member of the medial staff or any other healthcare worker because that person has engaged in a protected act, including complaining to the facility about the quality of care, services or conditions at the facility. View Full Article 

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How do I discipline thee? Let me count the ways … The Pros and Cons of Progressive Discipline Policies

Employee discipline is a nettlesome issue. Employers should strive to be fair and consistent in all disciplinary matters, but as they say, the devil is in the details. Circumstances, the people involved, the environment, and how certain conduct impacts a company will always vary from one situation to the next, making it a tall order to mete out “punishment” in a fair and consistent manner without fail, each and every time. (Read More)

Jeff Farrow Discusses How to Keep Your Trade Secrets a"Secret" at the 2014 American Agents Alliance Convention & Expo

As part of the presentation, “From the Legal Experts: A Panel Discussion with Michelman & Robinson, LLP” on September 27, 2014 at the 2014 American Agents Alliance Convention & Expo, Jeff Farrow discussed how to keep your trade secrets a "secret". Additionally, he explained how to legally recruit from competitors and how to guard against employee raids. In this segment, Jeff explains why now, more than ever, businesses need to develop a secrecy policy. 

Mark Robinson Discusses Compliance Guidelines at the 2014 American Agents Alliance Convention & Expo

As part of the presentation, “From the Legal Experts: A Panel Discussion with Michelman & Robinson, LLP” on September 27, 2014 at the 2014 American Agents Alliance Convention & Expo, Mark Robinson discussed compliance guidelines. He provided a 2014 update on new insurance laws and regulations, broker fee and disclosure requirements and common areas of Department of Insurance enforcement. In this segment, he explains how a new law involving third party notices of a lapse in insurance premium payments will work.

Todd Stitt Discusses How to Reduce E&O Exposure at the 2014 American Agents Alliance Convention & Expo

As part of the presentation, “From the Legal Experts: A Panel Discussion with Michelman & Robinson, LLP” on September 27, 2014 at the 2014 American Agents Alliance Convention & Expo, Todd Stitt discussed how broker-agents can reduce E&O exposure. He also provided steps to mitigate the likelihood of being sued by a customer. In this segment, he explains why it’s important to identify oneself clearly as either a broker or an agent.

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Classification is Key: Ninth Circuit Considers FedEx Drivers Employees, Not Independent Contractors

The Ninth Circuit Court of Appeals recently ruled that former drivers of Federal Express should be classified as employees, as opposed to independent contractors pursuant to California’s right-to-control-test. The Court held that plaintiffs in Alexander v. FedEx Ground Package System, Inc., 2014 U.S. App. LEXIS 16585 (9th Cir. Aug. 27, 2014), had been improperly classified as independent contractors, and were entitled to various expenses and wages. The decision applies to over 2,300 FedEx drivers. (Read More)

Robert Berg Presents as Part of the "Construction Claims in California" Seminar

Robert Berg gave a presentation on "Contract Issues" and "Insurance and Bonds" as part of the "Construction Claims in California" Seminar hosted by Lorman Education Services at the Holiday Inn Express & Suites Oakland Airport on Friday, September 26, 2014. In this segment, he discusses the increased liability placed on subcontractors beginning in the late 1990s and the effect this had on insurance policies.

Spencer Hamer Discusses “Employment Law Developments: Year in Review” at the California Department of Transportation (CalTrans)

Spencer Hamer presented “Employment Law Developments: Year in Review” at the California Department of Transportation in San Diego on September 25, 2014. He addressed new employment laws in California that became effective in 2014 and laws that have either been signed or await Governor Brown’s signature for 2015. In this segment, he explains that Assembly Bill 2416 was created to crack down on employers who have been evading wage claims brought by employees.

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Will you be ready for California’s New Paid Sick Leave Law?

California has implemented a new sick leave law—beginning on July 1, 2015, an employee who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. (Read More)