The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!

I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor (“DOL”) and state DOLs.  I have come to learn that there are unique wage hour issues and challenges in this industry and that many well-meaning employers, seeking to comply with the law, step on regulatory landmines and end up in trouble.

Well, buckle up.  The USDOL is stepping up its … Read the rest

Former Marine challenges power of courts-martial to try military retirees

Former Marine challenges power of courts-martial to try military retirees

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Under the Uniform Code of Military Justice, military courts-martial retain jurisdiction over retired servicemembers. Courts-martial can punish a broader range of conduct and face fewer constitutional constraints than civilian courts. Therefore, since the time of the Korean War, the Supreme Court has repeatedly limited courts-martial to “the narrowest jurisdiction deemed … Read the rest

A reminder on how to accurately determine quantum in motor vehicle collisions.

This blog was co-authored with Jason Hudson, Candidate Attorney.

In February 2023, the Northwest High Court revisited the methods for determining damages suffered to a motor vehicle.

The plaintiff claimed a total of R185 056 in damages for collision damage to a motor vehicle. Despite a judgment on merits being granted in favour of the plaintiff in the Magistrates’ Court, it was held that the plaintiff had failed to prove the quantum of the damages on the motor vehicle.… Read the rest

Outspoken critic on Texas city council seeks to revive lawsuit over retaliatory arrest

Outspoken critic on Texas city council seeks to revive lawsuit over retaliatory arrest

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Four years ago, the Supreme Court ruled in Nieves v. Bartlett that a plaintiff who alleges he was arrested in retaliation for speech protected by the First Amendment must show that police lacked probable cause to arrest him. However, the decision carved out an exception to deal with situations in … Read the rest

Why Small and Mid-Size Law Firms Should Hire a Fractional Marketing Director

Have you considered the power of hiring a fractional marketing director?

Marketing plays a vital role in attracting clients, enhancing brand visibility and driving business growth.

However, many small and mid-size law firms face the challenge of limited resources and time constraints, making it difficult to implement effective marketing strategies. That’s where a fractional marketing director/outsourced CMO like me comes in.

Here are a few compelling reasons why your should consider hiring a fractional marketing director:

  1. Expertise without Breaking the
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Supreme Court cabins reach of aggravated identity theft statute

Supreme Court cabins reach of aggravated identity theft statute

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The defendant in the case, David Dubin, was convicted of health care fraud for overbilling Medicaid while working as the managing partner of a psychological services company. The government also charged Dubin with aggravated identity theft, which carries a separate two-year sentence. Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute. In an opinion by Justice Sonia Sotomayor, the … Read the rest

Court endorses private Section 1983 enforcement of spending clause enactments

Court endorses private Section 1983 enforcement of spending clause enactments

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Civil rights plaintiffs scored a significant victory in Health & Hospital Corp. of Marion County v. Talevski on Thursday, with a seven-justice majority reaffirming that private plaintiffs can enforce spending clause enactments through 42 U.S.C. § 1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987.

FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as … Read the rest