Timely Topics -
By Shannon B. Hartsfield -
The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more
1/29/2018
/ Abortion ,
Affordable Care Act ,
Appeals ,
Assisted Suicide ,
BOLI ,
Breach of Contract ,
Catholic Church ,
Charter Schools ,
Church Plans ,
Churches ,
Contraceptive Coverage Mandate ,
Defamation ,
Department of Health and Human Services (HHS) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Establishment Clause ,
Executive Orders ,
Federal Funding ,
Federal Housing Administration (FHA) ,
Fees ,
First Amendment ,
Fourteenth Amendment ,
Freedom of Religion ,
Hospitals ,
Injunctive Relief ,
Interim Final Rules (IFR) ,
Internet ,
Medicaid ,
New Guidance ,
Nonprofits ,
OCR ,
Preliminary Injunctions ,
Priests ,
Proposed Rules ,
Public Accommodation ,
Public Health Service Act ,
Race Discrimination ,
Religious Discrimination ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retirement Plan ,
RLUIPA ,
Same-Sex Marriage ,
Sexual Conduct ,
Sexual Orientation Discrimination ,
Summary Judgment ,
Trump v Hawaii ,
USCIS ,
Vetting
The U.S. Department of Justice released a memorandum on December 4th, directing all U.S. Attorneys to use their prosecutorial discretion to enforce the Controlled Substances Act (CSA) of 1970 with respect to the cultivation,...more
1/8/2018
/ Attorney General ,
Cole Memorandum ,
Controlled Substances Act ,
Criminal Prosecution ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Dispensaries ,
Enforcement Actions ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Rescission ,
Trump Administration
Timely Topics -
Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more
11/30/2017
/ Churches ,
College Admissions ,
Colleges ,
Contraceptive Coverage Mandate ,
Cybersecurity ,
Data Breach ,
Employee Housing ,
Equal Protection ,
Establishment Clause ,
Executive Orders ,
FEMA ,
Fifth Amendment ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Gender Discrimination ,
Hackers ,
Historical Rehabilitation ,
Information Technology ,
Motion for Summary Judgment ,
Public Accommodation ,
Public Funds ,
Ransomware ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
Same-Sex Marriage ,
Standing ,
Title VII ,
Trademarks ,
Trump Administration ,
Trump v International Refugee Assistance Project ,
Vaccinations ,
Videographers
The U.S. Department of Justice (DOJ) announced on Sept. 28, 2017, that the newly formed Immigrant and Employee Rights Section (IER) of the Civil Rights Division filed a lawsuit against an agricultural producer headquartered...more
9/29/2017
/ Administrative Hearings ,
Agricultural Workers ,
Department of Justice (DOJ) ,
Employee Rights ,
Employment Discrimination ,
Enforcement Actions ,
Foreign Workers ,
H-2A ,
Hiring & Firing ,
Immigrants ,
Immigration and Nationality Act ,
Job Applicants ,
National Origin Discrimination ,
Race Discrimination ,
Temporary Employees ,
Visas ,
Work Visas
OIG Advisory Opinions -
Manufacturer's Free Replacement of Spoiled Pharmaceutical Products Authorized -
On Aug. 25, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG)...more
9/6/2017
/ Anti-Kickback Statute ,
Anti-Steering Rules ,
Appeals ,
Audits ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
EMTs ,
Expert Testimony ,
False Claims Act (FCA) ,
False Statements ,
Food and Drug Administration (FDA) ,
FRCP 9(b) ,
Health Care Providers ,
Health Insurance ,
Hip Replacement ,
Hospitals ,
Litigation Strategies ,
Manufacturers ,
Medicaid Reimbursements ,
Medicare ,
Medicare Part D ,
Misrepresentation ,
OIG ,
Patient Safety ,
Pharmaceutical Industry ,
Prescription Drugs ,
Product Defects ,
Qui Tam ,
Retaliation ,
Reversal ,
Witness Preparation
Wage and Hour -
Tenth Circuit Aligns with Cumbie on Tip Credits -
In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more
8/11/2017
/ Alcohol Beverage Control ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Beverage Manufacturers ,
Department of Labor (DOL) ,
Disability Discrimination ,
Disparagement ,
Equal Employment Opportunity Commission (EEOC) ,
Evaporated Cane Juice ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Joint Employers ,
Likelihood of Confusion ,
Medical Marijuana ,
NLRA ,
NLRB ,
Pattern or Practice ,
Reasonable Accommodation ,
Restaurant Industry ,
Staffing Agencies ,
Standing ,
Tip Credit ,
Trademarks ,
Unfair or Deceptive Trade Practices ,
Unions ,
Wage and Hour
In Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577 (June 26, 2017), the U.S. Supreme Court ruled 7-2 that excluding a church from a public benefit program for which it is otherwise qualified violates the Free...more
6/28/2017
/ Churches ,
Constitutional Challenges ,
First Amendment ,
Free Exercise Clause ,
Public Benefits ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
SCOTUS ,
State and Local Government ,
State Funding ,
Trinity Lutheran Church of Columbia Inc. v Comer
Medicaid -
Florida's Medicaid Third-Party Liability Act Pre-empted by Federal Law -
By Eddie Williams -
In Gallardo v. Dudek, Sec. of Florida Agency for Health Care Administration, No. 4:16cv116-MW/CAS, 2017 WL...more
6/7/2017
/ Anti-Kickback Statute ,
Antitrust Violations ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
DSM ,
Enforcement Actions ,
Failure To Warn ,
False Claims Act (FCA) ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicaid ,
Medicaid Act ,
Misrepresentation ,
Noerr-Pennington Doctrine ,
OCR ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmacies ,
Preemption ,
Prescription Drugs ,
Sherman Act ,
Stark Law ,
Third-Party Liability ,
Unfair or Deceptive Trade Practices ,
Warning Labels
Timely Topics -
The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more
6/1/2017
/ Abstention ,
Censures ,
Churches ,
Day Care ,
Establishment Clause ,
Executive Orders ,
Expulsion ,
Fair Housing Act (FHA) ,
Federal Funding ,
Foreign Nationals ,
Free Exercise Clause ,
Free Speech ,
Immigration Reform ,
Judges ,
LGBTQ ,
Nonprofits ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Same-Sex Marriage ,
SCOTUS ,
Travel Ban ,
Trump Administration ,
Zoning Laws
Enforcement -
OIG Issues Advisory Opinion Allowing Free or Reduced-Cost Lodging and Meals -
On March 3, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG) issued...more
3/27/2017
/ Advisory Opinions ,
Anti-Kickback Statute ,
Antitrust Violations ,
Centers for Medicare & Medicaid Services (CMS) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Free Health-Related Services ,
Health Care Providers ,
Health Insurance ,
Hospital Mergers ,
Hospitals ,
Market Allocation Scheme ,
Medicare Part D ,
OIG ,
Pharmaceutical Industry ,
Safe Harbors ,
Sherman Act ,
Unfair or Deceptive Trade Practices ,
Value-Based Purchasing
Legalized Drug Use Impacts the Food and Beverage Industry -
In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more
3/15/2017
/ Affordable Care Act ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Ban the Box ,
Breach of Contract ,
City of Los Angeles ,
Colombia ,
Comment Period ,
Criminal Background Checks ,
Dunkin' Donuts ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Initiative for Hiring Ordinance (FCIHO) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Form 1095 ,
Franchise Agreements ,
Hiring & Firing ,
Intellectual Property Protection ,
Interference Claims ,
IRS ,
Logos ,
Marijuana ,
Medical Marijuana ,
Misleading Statements ,
New Legislation ,
Reporting Requirements ,
Restaurant Industry ,
Summary Judgment ,
Trade Dress ,
Trademark Infringement ,
Unfair Competition
The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to qualifying expert witnesses under the rules of evidence. In 2013, the Florida Legislature...more
2/23/2017
/ Admissibility ,
Daubert Standards ,
Discovery ,
Evidence ,
Expert Testimony ,
Expert Witness ,
FL Supreme Court ,
Florida ,
Life Sciences ,
Litigation Strategies ,
Trials
Timely Topics -
A draft executive order of President Donald Trump relating to religious freedom proposes several material changes to federal law. First, it would require the executive branches to recognize a broad scope...more
2/9/2017
/ Appeals ,
Assisted Suicide ,
Charitable Donations ,
Church Plans ,
Constitutional Challenges ,
Contraceptive Coverage Mandate ,
Disparate Impact ,
Employee Retirement Income Security Act (ERISA) ,
Establishment Clause ,
Executive Branch ,
First Amendment ,
Free Exercise Clause ,
Freedom of Religion ,
ISIS ,
Ministerial Function ,
Pensions ,
Religious Discrimination ,
Religious Displays ,
Religious Expression ,
Religious Institutions ,
Religious Schools ,
Retirement Plan ,
RLUIPA ,
Same-Sex Marriage ,
Tax Exempt Entities ,
Taxable Income ,
Terrorist Threats ,
Title VII ,
Trump Administration ,
Zoning Laws
Prompt Payment Discounts Not an Anti-Kickback Statute Violation -
In United States of Am. et al. ex rel. Ruscher v. Omnicare, No. 15-20629, 2016 WL 6407128 (5th Cir. Oct. 28, 2016), the court of appeals affirmed summary...more
12/29/2016
/ Anti-Kickback Statute ,
Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
False Advertising ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Form 10-K ,
Health Care Providers ,
Healthcare ,
Healthcare Fraud ,
Hospital Mergers ,
Kickbacks ,
Long Term Care Facilities ,
Marketing ,
Medicaid ,
Medical Devices ,
Medicare ,
Off-Label Use ,
Omnicare ,
Peer Review ,
Pharmaceutical Industry ,
Pharmacies ,
Physician Medicare Reimbursements ,
Prompt Payment ,
Qui Tam ,
Relators ,
Skilled Nursing Facility ,
Summary Judgment ,
Whistleblower Protection Policies ,
Whistleblowers
Overtime Rules Enjoined Nationwide -
In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more
12/6/2016
/ American Express ,
Americans with Disabilities Act (ADA) ,
Anti-Steering Rules ,
Antitrust Provisions ,
Beverage Manufacturers ,
Credit Cards ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Farms ,
Final Rules ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Forum Selection ,
Franchisors ,
Local Ordinance ,
Minimum Salary ,
Non-Exempt Employees ,
Nutrition Facts Labels ,
Over-Time ,
Preliminary Injunctions ,
Regulatory Oversight ,
Tax Rates ,
Tip-Pooling ,
Trump Administration ,
Wage and Hour ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
White-Collar Exemptions
Timely Topics -
The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more
10/27/2016
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Allocation of Funds ,
Article III ,
Burwell v Hobby Lobby ,
Civil Rights Act ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Free Exercise Clause ,
Gay Conversion Therapy ,
Gender Identity ,
Health Insurance ,
Healthcare ,
LGBTQ ,
Mental Health ,
National Origin Discrimination ,
Non-Discrimination Rules ,
Nonprofits ,
OCR ,
Pregnancy Discrimination ,
Religious Expression ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
RLUIPA ,
Same-Sex Marriage ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Standing ,
Title VII ,
Transgender
After several decades, Florida is back in the business of licensing captive insurance companies. On Aug. 11, 2016, the Florida Office of Insurance Regulation issued a license to a nonprofit Florida corporation, pursuant to...more
9/16/2016
/ Captive Insurance Company ,
Corporate Entities ,
Energy Sector ,
Florida ,
Healthcare ,
Hospitality Industry ,
Insurance Industry ,
Licenses ,
Nonprofits ,
Reinsurance ,
Tax Exempt Entities ,
Tax Exemptions
When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more
8/19/2016
/ Abortion ,
Breach of Contract ,
Church Plans ,
Churches ,
Commercial Insurance Policies ,
D&O Insurance ,
Declaratory Judgments ,
Educational Institutions ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Employment Contract ,
Equal Protection ,
Establishment Clause ,
Exemptions ,
FDUTPA ,
Fiduciary Duty ,
First Amendment ,
Fraud ,
Free Exercise Clause ,
Free Speech ,
Funeral Homes ,
Grants ,
Health Insurance ,
Healthcare ,
Insurance Industry ,
IRS ,
LGBTQ ,
Prayer ,
Professional Liability Insurance ,
Religious Discrimination ,
Religious Displays ,
Religious Institutions ,
Scholarships ,
Standing ,
Subject Matter Jurisdiction ,
Tax Credits ,
Title VII ,
Transgender ,
Universities ,
Wage and Hour
When food and beverage companies think of their largest risks, data breaches have not historically come to mind, but this is changing because of reports in the past few months of major breaches by companies such as Noodles &...more
8/2/2016
/ COPPA ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Defined Contribution Plans ,
Employee Benefits ,
ESOP ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
FSMA ,
IRS ,
Minimum Salary ,
Over-Time ,
Personally Identifiable Information ,
Popular ,
Registration Requirement ,
Restaurant Industry ,
Retailers ,
Selling a Business ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
In a much-anticipated decision, the U.S. Supreme Court upheld the University of Texas at Austin's race-conscious undergraduate admissions policy. That policy applies to roughly 25 percent of the incoming class. The other 75...more
Timely Topics -
Has your nonprofit received a donation for a restricted purpose that has become impractical, impossible to achieve, wasteful or even unlawful? A donor may restrict a contribution to a charity for a...more
5/2/2016
/ Charitable Donations ,
Employee Retirement Income Security Act (ERISA) ,
Gender Discrimination ,
Marriage ,
Mootness ,
Non-Profit Hospitals ,
Nonprofits ,
Pensions ,
Permits ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Sex Offenders ,
Spouses ,
Transitional Care Management
Finance -
PACA Liens Could Impact Financing Terms -
The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from...more
4/27/2016
/ Beverage Manufacturers ,
Class Action ,
Deceptively Misdescriptive ,
Disparagement ,
Distributors ,
Food and Drug Administration (FDA) ,
Food Commodities ,
Food Labeling ,
Franchise Laws ,
Lenders ,
Liens ,
Loans ,
NLRA ,
NLRB ,
Section 7 ,
SNAP Program ,
Statutory Trusts ,
Suppliers ,
USDA
Timely Topics -
The death of U.S. Supreme Court Associate Justice Antonin Scalia will have an uncertain effect on religious institutions. Justice Scalia delivered the majority opinion in Employment Div. v. Smith, 494 U.S...more
Timely Topics -
The Internal Revenue Service (IRS) issued on Dec. 17, 2015, a memorandum instructing its examiners not to conduct employment tax audits of churches without getting in touch with a high-ranking Treasury...more
Key Issues Facing Food Retailers -
Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a...more
1/27/2016
/ Beer ,
Blue Apron ,
Breweries ,
Cybersecurity ,
Excise Tax ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Marketing ,
Natural Products ,
On-Demand Services ,
Popular ,
Tips ,
Wage and Hour