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May 16 2016

Supreme Court Approves of Statistical Sampling To Prove Class Action Claims

The U.S. Supreme Court ruled in late March that plaintiffs may use statistical estimates to establish the commonality of their injury, a prerequisite to a court granting the plaintiffs the right to proceed as a class action. The 6-2 ruling is an important victory for all plaintiffs who rely on statistical samples to prove liability and damages. Justice Anthony Kennedy wrote the opinion for the Court, joined by Justices Ginsburg, Breyer, Kagan, Sotomayor and Chief Justice Roberts. In Tyson … [Read more...]

May 16 2016

What Justice Scalia’s Death Means for the False Claims Act

With Justice Antonin Scalia’s death on February 13, 2016, the U.S. Supreme Court will continue to hear and decide cases with only eight justices. Senate Majority Leader Mitch McConnell, a Republican, has said that the Senate will neither hold hearings nor vote on a replacement for Justice Scalia until after President Obama leaves office on January 20, 2017. Republicans on the Senate Judiciary Committee have echoed McConnell’s position. The Supreme Court can function with only eight justices. As … [Read more...]

May 09 2016

San Francisco Leads Way With Paid Parental Leave

Many San Francisco workers will receive their full salary for six weeks after the birth or adoption of a child, thanks to a new law passed by the San Francisco Board of Supervisors. San Francisco is the first city in the nation to mandate fully-paid parental leave. The San Francisco law closes the gap left by California’s parental leave mandate. Under California law, employees who have paid into the state disability insurance fund may take up to six weeks of leave to bond with a new child. … [Read more...]

May 09 2016

Switch to ICD-10 Not A Cure-All For Healthcare Fraud

The World Health Organization is the public health arm of the United Nations. Since 1948, WHO has been responsible for updating the International Classification of Diseases (ICD), a worldwide system for collecting, processing, classifying and processing statistics about diseases. The most recent version of the ICD is ICD-10, or tenth edition, which WHO published in 1999. The U.S. Center for National Health Statistics adapts the ICD to create the ICD-CM, which is used by U.S.-based healthcare … [Read more...]

May 09 2016

California Employers Cannot Avoid Paying Overtime To Commissioned Employees By Shifting Timing of Commission Payments

California protects employee working conditions in the state through a broad set of laws, rules and regulations. California employers must pay their employees a minimum hourly wage and one-and-a-half times the minimum wage for overtime work of more than 8 hours in a day or more than 40 hours in a workweek. Certain exceptions apply to California’s overtime pay rules, however. One important exception is for employees who are paid a commission. This exception is spelled out in two different wage … [Read more...]

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