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Watch Out – Protections Against Swearing at Boss

Posted on June 4, 2014 by

The National Labor Relations Board continues to reach out to provide protection to employees. In a recent decision, the Board concluded that an outburst in the workplace by an employee was considered protected speech, because the employee did not explicitly threaten violence and did not act in a violent fashion. The employee did, in a […]

Mixed Motive For Discrimination Decision – Be Careful

Posted on June 3, 2014 by

A recent Wisconsin Court of Appeals decision highlighted the importance of employers being very careful when making employment decisions to ensure that part of the rationale for a decision is not discriminatory in nature. In this decision, Milwaukee County terminated a manager for violation of County policies on use of technology. During the discussion with […]

Could Religious Leaders Be Taxed on Their Housing?

Posted on May 30, 2014 by

On November 22, 2013, the federal district court for the Western District of Wisconsin struck down Internal Revenue Code Section 107(2) which exempts from income tax any compensation that is received by a “minister of the gospel” which is considered a housing allowance. The Freedom From Religion Foundation filed suit against the government on the […]

Off-Duty Conduct – Taking Adverse Employment Action

Posted on May 29, 2014 by

There is a lot of controversy today about the right of an employer to take adverse employment action (i.e. firing someone) for off-duty conduct. Employers have more access to things happening outside the workplace and are very concerned about their overall reputation in the community. Unfortunately, there are various laws that protect an employee from […]

Punt Blocked – Former Green Bay Packers Kicker Found Guilty of Defrauding the IRS with Two Las Vegas Businessmen

Posted on May 29, 2014 by

A federal jury in Las Vegas found a former NFL punter, Joseph Prokop, and two Las Vegas businessmen guilty of defrauding the IRS and aiding in the preparation of false tax returns. The three men used two Nevada companies named the “National Audit Defense Network” and “Oryan Management and Financial Services” to promote and sell […]

Provider Self Disclosure Process

Posted on May 22, 2014 by

A growing area of the health care legal practice involves counseling clients on issues that could require self disclosure under OIG or CMS procedures. The Office of Inspector General has procedures that a provider may follow to disclose possible violations of the Anti-Kickback Statute or other federal laws. Providers have the opportunity to avoid much […]

Jointly Providing Health Care Fee Information to Payors

Posted on May 22, 2014 by

As health care provider networks move down the path toward clinical integration, we are often asked to provide guidance on how information can be jointly provided to payors. The antitrust laws recognize that collective sharing of some pricing information, even by otherwise competing providers, can be beneficial and does not necessarily violate antitrust laws. However, […]

Texting While Driving – Illegal But Paid

Posted on May 21, 2014 by

Many municipalities and states have adopted a law that prohibits texting while someone is driving. Individuals are prohibited from texting or even dialing the phone while driving. This prohibition is probably violated much more than it is complied with, but regardless of what the prohibitions may be, employers may still be “on the hook” for […]

CMS Changes Meaningful Use Timeline

Posted on May 21, 2014 by

The Centers for Medicare and Medicaid Services (CMS) issued a new proposed rule today that changes the timeline for meaningful use electronic health record (EHR) technology. The new proposed rule would be consistent with previous CMS announcement regarding extension of Stage 2 and Stage 3 timelines. The proposed rule recognizes the difficulties that software vendors […]

Access to Company Property During Off-Duty Time – No Restrictions

Posted on May 21, 2014 by

An employer would normally think that it could pass a work rule that says an employee does not have access to company property when the employee is off-duty and not working. This makes sense, because there is no reason for the employee to be on company property if they are not there to perform work. […]