Knudsen Law Blog Posts

FMLA same sex marriage rule on hold

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 […]

Knudsen Lawyers win favorable ruling at the Nebraska Supreme Court

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 […]

Handbook Compliance with Affordable Care Act

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, […]

FMLA now recognizes marriage based on place of celebration

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 […]

Five Star Quality Changes Starting in 2015

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 […]

New Minimum Wage Law

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 […]

Knudsen Law Firm receives favorable Nebraska Supreme Court ruling for its client

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.
 

 

Post Shift Security Screenings Not Compensable

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 […]

President Obama’s Immigration Plan

The sweeping immigration plan (“plan”) to overhaul the nation’s immigration system will significantly alter the lives of 11 million undocumented immigrants living in the country and protect 5 million of those undocumented immigrants from deportation.
 “Mass amnesty would be unfair. Mass deportation would be both impossible and contrary to our […]

Supreme Court to rule on whether providers can force a state to raise its Medicaid rates

The U.S. Supreme Court will hear a case on whether private sector healthcare providers can sue states to increase Medicaid reimbursements.
In 2009, Idaho rehabilitation providers sued the state of Idaho because they believe the state unlawfully kept Medicaid reimbursements at 2006 levels despite cost of care increases. A federal […]