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Univita Layoffs Lead to WARN Act Lawsuit

Yesterday, a lawsuit was filed in the District Court of Delaware, alleging that Univita laid-off roughly 1,000 workers without giving them 60 days advance written notice, in violation of the Worker Adjustment and Retaining Notification Act (the “WARN Act”), 29 U.S.C. § 2101, et seq.  The action seeks — on behalf of plaintiff and other similarly situated employees…

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HME News (07.31.15) — “Chaos” Erupts as Univita Loses Contracts

The leading industry journal, HME News, ran a story on Friday about the aftershocks felt, statewide, from Univita losing its Medicaid contracts with the State of Florida.  The article has insights from providers working in, and observers of, the Statewide Medicaid Managed Care (SMMC) Program.1For instance, the article quotes a former Univita employee, who said Univita…

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Univita Termination with All Statewide Medicaid Managed Care Plans

  A big announcement, moments ago, from AHCA. From: “State of Florida Agency for Health Care Administration” Date: July 28, 2015 (at 4:40:32 PM EDT) Subject: Univita Termination with All Statewide Medicaid Managed Care Plans FLORIDA MEDICAID A Division of the Agency for Health Care Administration Florida Medicaid Health Care Alert July 2015   Univita…

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WHD Facebook Q&A Today at 5 PM

As we’ve often mentioned, the Department of Labor’s Wage and Hour Division is sharply focused on rooting-out alleged misclassification of employees in the workplace.  The WHD is heavily scrutinizing a variety of new business models — which the WHD calls the “gig economy” — in which it’s routine for personnel to be considered contractors.  Today at 5 pm, the…

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Book Break — A Brief History of Seven Killings

I’m taking a break from discussing the law to rave about the best new novel I’ve read in years.  Marlon James’ (@MarlonJames5) A Brief History of Seven Killings is ostensibly about the 1976 assassination attempt on Bob Marley.  In fact, Marley isn’t really a character in the book; he’s more of an idea that motivates the novel’s characters, and…

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What is a “Serious Health Condition” Under the Family Medical Leave Act (FMLA)?

The Family Medical Leave Act entitles covered employees to twelve workweeks of leave during a twelve-month period if the employee has a “serious health condition that makes the employee unable to perform the functions of the position of such employee.”  29 U.S.C. § 2612(a)(1)(D).  What counts as a “serious health condition”?1The statutory definition — “an illness, injury, impairment or…

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Are Unsuccessful Attempts to Interfere with an Employee’s Exercise of FMLA Rights Actionable?

If an employer interferes — successfully — with an employee’s exercise of her rights under the Family Medical Leave Act (“FMLA”), it creates a claim for “interference” under the statute.  But if an employer tries — unsuccessfully — to interfere with an employee’s exercise of her rights under the FMLA, does it also create a claim…

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City of Miami’s New “Responsible Wage Law”

Interesting developments in employment law don’t just occur at the federal and state levels.  More and more, municipalities are passing ordinances regulating the terms and conditions of work, with sometimes dramatic impacts on local businesses and residents.1For instance, at least 140 communities in the U.S. have passed living-wage ordinances over the past 20 years. Today, the Miami City Commission unanimously passed…

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DOL Revises Definition of “Spouse” Under FMLA

Today, the Department of Labor issued a Final Rule revising the regulatory definition of “spouse” under the Family Medical Leave Act (FMLA).  Under the new rule, eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live.1The FMLA entitles eligible…

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Statutory Interpretation and Employment Laws

  As a recent Ninth Circuit case (Mendoza v. Nordstrom) illustrates, sometimes even straightforward concepts give employers — and Courts — fits when they’re written into laws or regulations.  California adopted laws intended to “avoid overworking employees by providing a regular day of rest in most circumstances.”  The statute says “[e]very person employed in any occupation of labor is entitled to…

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