Employee Medical Leave Requests: Balancing the FMLA and ADA
When employees request a leave of absence due to medical issues, the Family and Medical Leave Act (FMLA) requires covered employers, those with 50 or more employees, to provide employees twelve weeks...
View ArticleCenters for Medicare and Medicaid Services Announces Transition to Targeted...
In August, 2017, the Centers for Medicare & Medicaid Services (“CMS”) announced a major change in how it will approach the selection of Medicare claims for improper payment review. In particular,...
View ArticleHome Health Care Referral Sources Can be Legitimate Business Interests Under...
It has long been established that non-compete agreements are enforceable only when justified by a “legitimate business interest.” A recent decision of the Florida Supreme Court held that home health...
View ArticleCredit Balances – It’s Not Yours to Keep
Most health care providers are familiar with the concept of a “credit balance”. A credit balance can occur when a health care provider is overpaid for a service that was provided. Sometimes the credit...
View Article2017 In Review: Amendment 7 and the End of Peer Review Protection
Amendment 7 to the Florida Constitution provides patients “a right to have access to any records made or received in the course of business by a health care facility or provider relating any adverse...
View ArticleAre Opening Prayers at School Board Meetings Constitutional?
It is common in Florida for School Boards to open their meetings with a prayer or invocation. The practice lends a sense of solemnity to the meeting and can help to engender a positive atmosphere for...
View ArticleSelected Highlights of Families First Coronavirus Response Act (FFCRA) (March...
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. Here are some highlights of the Act for employers: FFCRA takes effect: April 1, 2020 three major...
View ArticleEmployees Can’t be Fired for Being Homosexual or Transgender
It is now a violation of federal law for an employer to fire an employee because the employee is homosexual or transgender. The United States Supreme Court, issued its ruling, in a 6 to 3 decision, on...
View ArticleFormer Judge Terry Lewis Joins Firm
The law firm of Messer Caparello, PA, is pleased to announce that Terry Lewis, who recently retired after 30 years as a trial judge, has become of counsel with the firm and will focus on mediation and...
View ArticleDon’t be too quick to discipline students for social media posts done off...
When may a school discipline a student for social media postings? Student speech is protected by the First Amendment. And when a student engages in “pure speech” on political or social issues, the...
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