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When is A Commission Due? (Updated)

UPDATE: The Maryland Court of Appeals has ruled that Maryland's Wage Payment & Collection Act (the "Act") prohibits an employer from conditioning payment of a commission upon a

UCC Forms Revised

The International Association of Corporate Administrators made a minor revision to the form Financing Statement, the form Financing Statement Addendum and the form Financing Statement Amendment whi

New IRS Guidance on Health Reimbursement Accounts

Over the last several years, "defined contribution health plans" have been in the news as a way for employers to reduce health plan costs.

Court of Appeals Extends Wrongful Discharge Tort

In an unusual plurality decision, the Court of Appeals extended the wrongful discharge exception to the at-will doctrine to protect witnesses who report suspected crimes to law enforcement authorit

Health Benefits for Domestic Partners

Employers are increasingly considering offering health benefits to their employees' domestic partners. Employers who offer such benefits must make plan design decisions.

Sarbanes-Oxley Act, Maryland Bankers Association

Abba Poliakoff presented at the Maryland Bankers Association.http://mdbankers.com/

Nursing Shortage Hindered By Immigration Snafus

Tired of paying exorbitant fees to temporary nursing agencies to fill the nursing shortage, many health care employers are recruiting and hiring foreign nurses.

Hidden "Fair Market" Gem in Stark II Regulations

The federal law generally known as "Stark" prohibits physicians from referring Medicare patients to receive certain services from entities with which the physician has a financial relationship.

Clinically Integrated Physicians May Jointly Negotiate Payor Contracts

In February of 2002, the Federal Trade Commission (FTC) decided not to challenge a physician group's plan to operate as a clinically integrated joint venture and jointly to negotiate contracts with

Did You Know? Fall 2002

Resident Matching: Did you know that a class-action lawsuit has been filed challenging the National Resident Matching Program on antitrust grounds?

"Professional" Medical Witnesses

Two recent Maryland appellate decisions, Witte v. Azarian and Wrobleski v. de Lara, affect doctors who testify in medical malpractice and personal injury cases.

HIPAA Highlights Fall 2002

The Health Insurance Portability and Accountability Act (HIPAA) contains administrative simplificatio

Corporate Responsibility Checklist

Corporate responsibilities have increased dramatically since the recent passage of the Sarbanes-Oxley Act, the modifications to the corporate governance standards adopted by the New York Stock Exch

Court of Appeals Narrows Telephone Exemption Under Maryland Wiretap Act

The Maryland Court of Appeals ruled that equipment which the Injured Workers' Insurance Fund ("IWIF") used to monitor and record incoming and outgoing calls did not qualify as "telephone equipment

Social Security's New Policy on Mismatched Employee Information

The Social Security Administration (SSA) has revised its policies concerning employers who submit reports containing erroneous or "mismatched" information, i.e., where employees' names and social s

Swearing Is No Big Deal At Least When Filing An EEOC Complaint

It is okay to file now and swear later. The Supreme Court said as much recently in the decision Edelman v. Lynchburg College, 2002 U.S. LEXIS 1935, 122 S.Ct. 1145 (2002).

Supreme Court Strikes Down NLRB's Imposition of Liability Against Employer Who Filed Unsuccessful Lawsuit

BE&K Construction Company, a general contractor, was engaged to modernize a steel mill.

Sarbanes-Oxley Act of 2002: Sweeping Accounting Reform and Corporate Accountability

On July 30, 2002, President Bush signed into law the Sarbanes-Oxley Act of 2002 (the "Act"), which significantly increases federal regulation of accounting firms and corporate governance of compani

Continuing Violation Theory Extended

In order to file a discrimination lawsuit under Title VII of the Civil Rights Act of 1964, a plaintiff must first file a timely administrative charge with the Equal Employment Opportunity Commissio

Is There Such A Thing As Reverse Age Discrimination?

Employees over the age of 40 may sue under the Age Discrimination in Employment Act (ADEA) and claim they received less-favorable treatment than older workers, the U.S.

A Threat To One's Self Is Enough

The Americans with Disability Act of 1990 (the "ADA") prohibits employers from using qualification standards that screen out or that have a tendency to screen out an individual with a disability or

ERISA Plan Claims and Appeals:

In November, 2000, the U.S. Department of Labor issued new regulations governing claims and appeals for ERISA plans.