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03.12.2015
Certain Motor Carrier Drivers are Entitled to FLSA Overtime Pay Notwithstanding General Exemption
The U.S. Court of Appeals for the Third Circuit, which covers Pennsylvania, New Jersey, and Delaware, issued a ruling in McMaster v. Eastern Armored Services, Inc. (3d Cir. Mar. 11, 2015), which not only limits the applicability of an important overtime exemption for employees of motor carriers, but which may significantly complicate employers’ use of […]
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02.25.2015
Revised Definition of “Spouse” Under the FMLA Provides Expanded Rights to Same-Sex Couples
In a July 2013 Alert, we reported on the United States Supreme Court’s landmark case of United States v. Windsor, wherein the Court declared that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. The invalidation of DOMA’s definitions of “marriage” and “spouse” granted same-sex couples a host of federal benefits that they […]
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01.15.2015
Decision in Sleepy’s Case a Wake Up Call for Employers Using Independent Contractors
Employers should ensure that their independent contractor relationships satisfy the very strict requirements of the New Jersey “ABC” test. On January 14, 2015, the New Jersey Supreme Court issued a decision which confirms the New Jersey Department of Labor’s position that the very restrictive “ABC” test for independent contractor status must be used in resolving […]
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Gregory Palakow
Greg has handled hundreds of highly specialized litigated matters in over 25 years of practice. Greg now focuses this practice by representing the rights and interests of healthcare providers, including licensed nursing home and long-term care facilities, hospital networks, rehabilitation hospitals, adult day care centers, home health agencies, ambulatory surgery centers, physician practices, fiduciaries and licensed financial institutions. This unique experience has given Greg the opportunity to successfully resolve hundreds of state and federal appeals related to regulatory enforcement and recovery actions. Prior to our successful representation, some of these matters have threatened the viability of the operation of these licensed facilities due to nursing home survey deficiency citations, sizeable civil money penalties, regulatory threats to facility licensure, or denials of payment by CMS. Greg has also handled complicated state actions related to the oversight of Medicaid funding, and managed care contracting and reimbursement issues.