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EMPLOYMENT CLAIMS HOW THEY ARE PROVEN THROUGH CIRCUMSTANTIAL EVIDENCE

EMPLOYMENT CLAIMS HOW THEY ARE PROVEN THROUGH CIRCUMSTANTIAL EVIDENCE Employees who are discriminated against by their employer usually do not have some overt action or smoking gun email to show the discrimination (or harassment or retaliation), but rest assured that the employer’s motives can be sussed out using circumstantial evidence....

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Employers – Reopening Businesses

Employers - Reopening Businesses The Center for Disease Control and Prevention’s (“CDC”) surprise relaxation of the COVID-19 mask guidance on Thursday, May 13th, puts us on a path to pre-pandemic life for fully vaccinated people.  But, employers should consider whether to relax pandemic health and safety protocols at the workplace...

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Healthcare:  District courts lack jurisdiction to award a Medicare Provider (Doctor) injunctive relief until administrative remedies are exhausted

Healthcare:  District courts lack jurisdiction to award a Medicare Provider (Doctor) injunctive relief until administrative remedies are exhausted   Providers of medical services to Medicare recipients often must navigate claim denials in order to get paid.  Medicare contractors determine provider reimbursement eligibility based on several sources, including local coverage determinations...

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REMOTE AND IN PERSON EMPLOYEES CA LABOR COMMISSIONER IS COMING FOR YOU

REMOTE AND IN PERSON EMPLOYEES CA LABOR COMMISSIONER IS COMING FOR YOU Employers in California better get it right in the treatment of employees.  Any employee working in California must be paid under California laws, including remote employees.  The California Division of Labor Standards Enforcement (“DLSE”) is tasked with combating...

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NEW LANDLORD PROTECTIONS – COVID BANKRUPTCY FILINGS BY TENANTS

NEW LANDLORD PROTECTIONS - COVID BANKRUPTCY FILINGS BY TENANTS The newly enacted Consolidated Appropriations Act, 2021 (“CAP”) makes several amendments to the Bankruptcy Code based upon the severe financial hardships suffered by both tenant debtors and landlords as a result of the COVID-19 pandemic.  The amendments relate to the deferral...

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COVID 19: Should Employers Mandate Employees Take the Vaccine?

COVID 19: Should Employers Mandate Employees Take the Vaccine? The first COVID-19 vaccines are being administered and while it may be quite some time before the vaccines will be available to most of us, employers may well want to begin considering whether to have a vaccine policy.  Why?  In other...

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Bankruptcies: Abatement of Rent During the Pandemic

Bankruptcies:  Abatement of Rent During the Pandemic 2020 has not been kind to landlords, restaurants, and other segments of the retail industry. Commercial landlords need rents to pay the property taxes, insurance and mortgage, which may be guarantied by the owners of the corporate landlord. Commercial tenants need retail sales...

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