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Epstein Becker Green
Epstein Becker & Green, P.C., is a national law firm with a primary focus on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes.
Epstein Becker & Green, P.C., is a national law firm with a primary focus on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes.

Epstein Becker Green's posts

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Client Alert by Helaine I. Fingold and M. Brian Hall, IV.


On February 15, 2017, the Centers for Medicare & Medicaid Services (“CMS”), at the direction of the Trump administration, released a long-expected proposed rule (“Market Stabilization Proposed Rule”) designed to help stabilize the individual and small group health insurance markets created by the Patient Protection and Affordable Care Act (“ACA”). Comments on the Market Stabilization Proposed Rule are due no later than 5 p.m. (EST) on March 7, 2017.

Since the passage of the ACA and the creation of the health insurance exchanges, many health insurers (“issuers”) have either increased rates or have pulled out of the exchanges due to concerns regarding low participation rates and consumers only enrolling in a plan when health care services are needed. With a growing number of issuers seriously considering withdrawing from the exchanges in 2018, the Market Stabilization Proposed Rule can be seen as a stopgap attempt to shore up the exchanges and encourage issuers to participate by addressing many long-standing criticisms.

The fact that the public comment period is only 20 days instead of the usual 30 days is evidence that CMS hopes to finalize the Market Stabilization Proposed Rule before issuers are required to file their 2018 plans and rates with the states this spring. Indeed, several days after issuing the Market Stabilization Proposed Rule, CMS issued a bulletin delaying various submission dates for issuers participating on the 2018 exchange. ...

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Act Now Advisory by Adam C. Abrahms, Amy B. Messigian, and Katrina J. Walasik.


The Los Angeles Department of Public Works Bureau of Contract Administration published Rules and Regulations (“Regulations”) to assist employers in Los Angeles—including city contractors and subcontractors—with implementing the Los Angeles Fair Chance Initiative for Hiring Ordinance (“Fair Chance Ordinance”). As discussed in our prior Act Now Advisory and recent blog post, the Fair Chance Ordinance took effect on January 22, 2017. Among other things, the Fair Chance Ordinance prohibits employers and city contractors and subcontractors that are physically operating within the city of Los Angeles from seeking a job applicant’s criminal history until after a conditional offer of employment is extended. After a conditional offer of employment is made, employers may request information regarding the applicant’s criminal history, but the conditional offer can only be withdrawn pursuant to the “Fair Chance Process.” Employers have until July 1, 2017, to comply with the terms of the Fair Chance Ordinance before penalties and fines are enforced.

The Regulations clarify key definitions in the Fair Chance Ordinance (such as the definition of an “employee” and “employer”), set forth notice and posting requirements, and elaborate on procedures that employers must follow before seeking an applicant’s criminal history. Sample notices that employers may use are also available ...

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George B. Breen, Chair of our National Health Care and Life Sciences Practice Steering Committee, was quoted by Patrick Connole in Provider Magazine.

Following is an excerpt:

“I think health care companies can expect that if they are challenging regulatory actions that they may get a friendly ear in Judge Gorsuch. Of course this depends on the composition of the court when it comes time to consider [a challenge], but he does look with a sharp eye relative to agency actions" ...'s-Supreme-Court-Pick-No-Friend-Of-Health-Care-Regulations.aspx

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We're proud to announce that 11 attorneys from our Washington, DC, office have been recognized in the 2016 Capital Pro Bono Honor Roll, which recognizes attorneys who provide 50 or more hours of pro bono services per year. Attorneys are recognized in two categories: Honors (50 or more hours) and High Honors (100 or more hours).

The following EBG attorneys have been recognized:

Stuart Gerson – High Honors
Brian Steinbach – High Honors
James Tam – High Honors
Clifford Barnes – Honors
George Breen – Honors
Brian Hall – Honors
Xavier Hardy – Honors
Francesca Ozinal – Honors
Jonah Retzinger – Honors
Patricia Wagner – Honors
Robert Wanerman – Honors

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Brand new episode of Employment Law This Week®! Stories include: Trump Taps Judge Neil Gorsuch for Supreme Court, Executive Orders on Immigration Create Uncertainty, Trump Appoints New EEOC and NLRB Acting Chairs, and Philadelphia Bans Wage History Inquiries for Applicants.

Featuring insights from Stuart Gerson of Epstein Becker Green and from Andowah Newton, Director of Legal Affairs for LVMH Moët Hennessy Louis Vuitton Inc., with some advice on best practices in website accessibility and the ADA.

Join us every Monday for a new episode! #EmpLawShow.

#Immigration #HR #SCOTUS #NLRB #Gorsuch

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Special Immigration Alert by Robert Groban Jr., Pierre Georges Bonnefil, Patrick Brady, Jang Im, Jungmin Choi, and Matthew Groban, attorneys in our Immigration Law Group.


Multiple lawsuits have been filed around the country that challenge various provisions of the EO. For the most part, however, these cases have been filed on behalf of specific FNs affected by the EO, and the TROs may not be extended because their situations have been resolved. The most significant exception is the action filed by the States of Washington and Minnesota in the U.S. District Court for the Western District of Washington. See Washington v. Trump, 2:17-cv-00141 (W.D. Wash. 2017).

In the Washington case, the district court issued a nationwide injunction on February 3, 2017, that prohibited the federal government from enforcing:

* the 90-day travel ban on FNs from the seven restricted countries,

* the 120-day ban on FNs entering under the USRAP,

* the indefinite suspension of the admission of Syrian refugees under USRAP, and

* the prioritization of certain refugee claims based upon religious beliefs.

On February 5, 2017, DHS announced that (i) it would comply with the district court’s order, (ii) DHS personnel would resume inspecting travelers in accordance with standard policy and procedure, and (iii) all airlines and terminal operators had been notified to permit boarding of all passengers without regard to nationality.

The Trump administration immediately appealed the order in the Washington case to the U.S. Court of Appeals for the Ninth Circuit. On February 4, 2017, the Ninth Circuit refused to issue an emergency stay of this order and directed the parties to file their respective positions on the stay application by February 6, 2017. A decision is expected later this week. Depending on the results, U.S. Supreme Court review may follow.

As a result of the order in the Washington case, all U.S. land and airports of entry are currently prohibited from enforcing the affected portions of the EO. This does not mean, however, that the stay will last indefinitely. DHS and the Trump administration have filed motions with the Ninth Circuit to lift the lower court’s nationwide stay. Therefore, this situation remains extremely fluid. ...

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Act Now Advisory by attorneys Jeffrey M. Landes, Susan Gross Sholinsky, Nancy L. Gunzenhauser, and Ann Knuckles Mahoney.


On January 23, 2017, Philadelphia Mayor Jim Kenney signed the Wage Equity Law (“Law”), which prohibits Philadelphia employers from asking prospective employees about their wage history, among other things. The Law will become effective on May 23, 2017.

The enactment of the Law is part of a growing trend by legislatures to improve pay equity by banning inquiries into wage history on the theory that such questions perpetuate the wage gap. In other words, to the extent that women and other historically underpaid groups have experienced pay inequity in the past, basing their current pay on past wage history will serve to compound those past wrongs. After a similar provision was cut from California’s Assembly Law 1676 in September 2016, Massachusetts became the first state to enact this type of law, and Philadelphia is now the first city. Similar legislation has been introduced at the federal level, as well as in Connecticut, New Jersey, New York City, Pennsylvania, Texas, and Washington, D.C.

The Law is an amendment to the Philadelphia Fair Practices Ordinance and applies to all employers, both private and public, of any size, that conduct business in Philadelphia. ...

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On our Health Law Advisor blog, a post by attorneys George B. Breen, Hanna Fox, Melissa L. Jampol, and Jonathan Hoerner.


The Executive Order does not explicitly name provisions of the ACA to be targeted by executive agency and department heads. However, Section 2 appears to be aimed at the ACA’s “individual mandate,” which requires that individuals obtain health care insurance or pay a fine, and one potential effect of the Executive Order may be limited enforcement of the individual mandate ...

The Executive Order also mandates that executive agency and department heads “provide greater flexibility to States and cooperate with them in implementing healthcare programs,” and “encourage the development of a free and open market in interstate commerce for the offering of healthcare services and health insurance, with the goal of achieving and preserving maximum options for patients and consumers.” ...

In sum, uncertainty remains as to the extent that ACA will be changed, replaced, or otherwise amended, whether the changes will be administrative or legislative, and how much the changes to the Act will disrupt the health care marketplace. A flurry of further activity by the President, agency administrators, and members of Congress is expected over the coming days and weeks. Health care entities should closely follow these developments to ensure that they have sufficient time to react and adapt to the changing health care environment.

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Brand new episode of Employment Law This Week®! Stories include: Employer Health Plans Post-ACA, Changes in the Labor Landscape, Wage and Hour Changes, Increased Cyber Threats in 2017, and The Future of Retirement Plans.

Featuring insights from Cassandra Labbees and Brian Cesaratto of Epstein Becker Green.

Join us every Monday for a new episode! #EmpLawShow.

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Take 5 examines five employment, labor, and workforce management issues that should remain top of mind for employers, with contributions from attorneys Adam C. Abrahms, Michelle Capezza, Brian G. Cesaratto, Adam S. Forman, Gretchen Harders, Sharon L. Lippett, Christopher A. McMican, Maxine Neuhauser, Christina C. Rentz, and Mark M. Trapp.


President Donald J. Trump has given few details regarding his administration’s plans for new policies; however, employers can expect several areas to be impacted based on his campaign platform.

In this issue of Take 5, we examine five employment, labor, and workforce management issues that will continue to be reviewed and remain top of mind for employers:

1. Change in Labor Landscape Is Not Likely to Come Quickly

2. For Wage and Hour Changes, Look Locally

3. Employer Group Health Plans Post-ACA: What’s Next for Employers and Workers?

4. Examination of Retirement Plans Under a Trump Administration Microscope

5. Cyber Threats Are Front and Center for Employers as the Trump Administration Takes Office
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