News

Where Oh Where Could They Be? Finding Missing Participants Under the New DOL Guidance

By EsqSocial Corporation 08/09/14

The U.S. Department of Labor (DOL) has issued updated guidance on locating missing participants in a terminated defined contribution plan. The guidance reflects the discontinuance of the IRS and SSA letter forwarding services and the proliferation...

Court Report - September 2014

By EsqSocial Corporation 08/09/14

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. UCB Inc. et al. v. Watson Laboratories Inc. (NV) et al. 1:14-cv-01083; filed August 21, 2014 in the District Court of Delaware. • Plaintiffs: UCB...

Offsite Fabrication at Permanent Facility Not Subject to Prevailing Wage Law

By EsqSocial Corporation 08/09/14

California's prevailing wage law generally requires that workers employed on public works projects be paid the local prevailing wage for work of a similar character. In Sheet Metal Workers' International Association, Local 104 v. Duncan (August 27,...

Calling All California Employers: You Must Reimburse Employees for Mandatory Use of Their Personal Cell Phones Even if They Have Unlimited Minutes

By EsqSocial Corporation 08/09/14

A California appellate court recently held that employers are always required to reimburse employees for mandatory use of their personal cell phones, even if they do not incur any additional expense for doing so. The case is Cochran v. Schwan’s Home...

Analysts’ Views On 2014 RFS

By EsqSocial Corporation 08/09/14

As previously reported, the U.S. Environmental Protection Agency (EPA) sent the final 2014 Renewable Fuel Standard (RFS) rule to the Office of Management and Budget (OMB) on August 22, 2014. Some sides speculate that OMB will need considerable time...

South Carolina Supreme Court Finds Workers' Compensation Covers Employee's Injuries Suffered During Kickball Game

By EsqSocial Corporation 08/09/14

Employers seeking to boost employee morale and encourage team building often encourage or require their employees to attend company outings ranging from annual company picnics to softball games. Although companies intend for such activities to be a...

CMS Offers Deal to Hospitals to Drop RAC Appeals

By EsqSocial Corporation 08/09/14

On August 29, 2014, the Centers for Medicare & Medicaid Services (CMS) issued a deal to hospitals willing to drop pending inpatient-status claims appeals. These appeals have grown exponentially in recent years due to the review process of recovery...

Government Contracting, The False Claims Act and the Art of Voluntary Disclosures

By EsqSocial Corporation 08/09/14

With so many personal gadgets needing daily recharging, desktop hard drives running 24 hours a day, and DVRs recording movies that run while we’re asleep, do you wonder where all that electricity is coming from? The next big construction boom may be...

Second Circuit Affirms No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision

By EsqSocial Corporation 08/09/14

In Liu v. Siemens A.G., No. 13-cv-4385, 2014 WL 3953672 (2d Cir. Aug. 14, 2014), the Second Circuit affirmed that the anti-retaliation provision in Section 922 of Dodd-Frank does not apply extraterritorially. This post examines the Court’s reasoning...

Medical review officers can help eliminate disability discrimination claim

By EsqSocial Corporation 08/09/14

Oklahoma consistently ranks at or near the top of all states when it comes to prescription drug abuse. The prescription rate for opioids (i.e., painkillers) in Oklahoma is among the highest in the nation, and the state also ranks high in terms of...

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