The Office of the Comptroller of the Currency recently announced the release of the “Commercial Real Estate Lending” booklet (available here) of the Comptroller’s Handbook to replace its dated “Commercial Real Estate and Construction Lending” booklet, which was issued in 1995. As CRE lending regains traction across the county, the new […]
Publications
OFCCP: “TRICARE Providers Are Subject to Affirmative Action Requirements”
For years, we have been tracking the Department of Labor’s Office of Federal Contract Compliance Programs’ (“OFCCP”) efforts to expand its jurisdiction to health care employers. Generally, the OFCCP enforces regulations that require employers with at least 50 employees, who hold a single contract or subcontract of at least $50,000 […]
Tennessee Court Rules Employees Can Sue Supervisors for Benefit Retaliation
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, […]
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 […]

