A federal court in Tennessee recently rejected a motion to dismiss filed by a defendant supervisor in an ERISA retaliation case. ERISA prohibits employers from retaliating against or interfering with employees’ efforts to use health benefits. The supervisor argued that ERISA did not allow for individual liability. The court disagreed, […]
Publications
Direct Care Workers to Receive Minimum Wage and Overtime Protections
Fulfilling a promise by President Obama to ensure that direct care workers receive a “fair day’s pay for a fair day’s work,” the U.S. Department of Labor announced a final rule on September 17, 2013, extending the Fair Labor Standards Act’s minimum wage and overtime protections to most of the […]
Stark and FCA Damages Mount for Tuomey Healthcare System, Inc.
A second jury verdict in the whistleblower case filed under the False Claims Act eight years ago against Tuomey, the Sumter, S.C.-based health system, led to a federal district court order on September 30, 2013 that Tuomey pay more than $277M in fines and penalties based on Stark law violations […]
Increased Loan Volume Leads Lenders to Revisit Environmental Best Practices
Although a lender’s risk of environmental liability is a consideration with any loan, the recent resurgence in commercial real estate and commercial and industrial lending after an extended lull over the last few years has caused some to place renewed emphasis on environmental compliance. Environmental liabilities associated with the […]
Bluestem Energy Solutions and Baird Holm Report: Impact of Wind Energy on Property Taxes in Nebraska
Bluestem Energy Solutions and Baird Holm have teamed up to produce a report that provides a comprehensive demonstration that wind energy development provides significant property tax benefits in Nebraska. The Omaha World-Herald featured this report in an article on the front page of its Midlands section on November 12, 2013. […]