The Nebraska legislature is considering legislation that will impose significant disclosure and lien liability on interfamily real estate transfers. The bill, LB72, as originally introduced imposed a lien in favor of the State of Nebraska, Department of Health and Human […]
US Supreme Court: Medical Providers Do Not have Recourse Against States Over Low Medicaid Reimbursement Rates
On Tuesday, the U.S. Supreme Court ruled that private health care providers that deliver residential care services cannot sue to compel a state to adjust its Medicaid payments to rising medical costs.
In a 4-5 decision, the Court ruled against a group of providers […]
Yesterday a court in Texas in a case in which Nebraska was a plaintiff issued a prelminary injunciton against the FMLA change in Nebraska. For now Nebraska employers do not have to comply with the change in the FMLA. However this is likely to be a short […]
Attorneys of Knudsen, Berkheimer, Richardson & Endacott, LLP have successfully appealed the denial of their client’s motion to compel arbitration arising out of an employment agreement. As urged by the Knudsen Lawyers, the Nebraska Supreme Court ruled that the district court erred as a matter of law when […]
Employers should regularly review their plan documents, summary plan descriptions, and other documents to ensure consistency with the ever-changing Affordable Care Act. If the employee handbook contains compensation and benefit information, the handbook language also must be regularly revised to reflect the Act’s mandates and policy changes.
For instance, […]
Effective March 27, 2015, the definition of “spouse” under the Family Medical Leave Act (FMLA) will include legal same-sex and common-law marriages, as long as the couple were legally married in the state where the marriage was entered into. Previously, the regulatory definition of spouse only allowed people to […]
January 2015 ushers in changes to the Centers for Medicare & Medicaid Services (CMS) Five Star Quality Rating System with the focus being on staffing practices in long-term and post-acute care facilities. These changes have been brought about by recent reports stating that the 55% of nursing homes with […]
Nebraska employers looking at the first pay-period of the year must remember that the minimum wage went up on January 1, 2015 to $8 per hour. It will go up again on January 1, 2016 to $9 per hour. The minimum wage was not increased however for employees primarily […]
Attorneys of Knudsen, Berkheimer, Richardson & Endacott, LLP successfully defended Bellevue Public Schools in a whistle-blower wrongful termination claim brought by a former employee. Further details about the case can be found in the Omaha World-Herald article and the decision.
The United States Supreme Court has ruled that the time spent waiting to undergo end of shift security screenings are not compensable under the Fair Labor Standards Act (FLSA). Under the FLSA an activity is compensable if the activity is integral and indispensable to the principal activities that the employee is hired […]