New Law in New York State Requiring Office Signage Regarding Patients Reporting Rights to the Office Professional Medical Conduct (OPMC) On October 7, 2020, a new law was enacted in New York State requiring that all physician practices post signage in their offices...
Articles and Alerts
Mandatory 2020 NY Sexual Harassment Training
Has your company completed its mandatory 2020 NY Sexual Harassment Training? Click here to receive custom training! Valerie K. Ferrier, Esq. Partner Head of Labor & Employment Martin Clearwater & Bell LLP valerie.ferrier@mcblaw.com (212) 916-0920 Sexual...
Legislative Alert: A Step Backward
By: Thomas A. Mobilia and Barbara D. Goldberg In April 2020, as COVID-19 infections and deaths were surging exponentially, the New York Legislature enacted the Emergency or Disaster Treatment Protection Act (EDTPA). That legislation conferred broad immunity on health...
MD News: Spravato – Miracle Drug or False Hope?
For nearly thirty years, the FDA had not approved any new antidepressant medications since Prozac entered the market in 1988. All that changed in March 2019, when the FDA approved Spravato, a nasal spray antidepressant for the treatment of adults with...
Law360 Article By Valerie K. Ferrier: 3 Rulings Show When Litigating Wage Claims Is Worth It
By Valerie K. Ferrier, Partner and Head of the Labor and Employment Practice Group at Martin Clearwater & Bell LLP Law360 (February 18, 2020, 5:18PM EST) --"Wage and hour cases present a particular threat to small businesses. The hospitality industry is...
Legislative Alert: Governor Cuomo Vetoes 2 Proposed Bills Which Would Have Significantly Expanded Liability in Medical Malpractice and Other Personal Injury Actions
On June 21, 2019, the New York State Assembly passed two proposed bills (both which had previously passed the Senate), which if signed into law would have significantly expanded exposure in medical malpractice and other personal injury matters by revising CPLR Article...
Labor & Employment Alert: Second Circuit Holds Rule 68 Obviates District Court Review Of FLSA Settlements
In 2015, the Second Circuit Court of Appeals (the appellate jurisdiction that includes New York) held that settlements of federal wage and hour claims under the Fair Labor Standards Act (“FLSA”) required the District Court’s review and approval pursuant to Cheeks v....
Appellate Update: The Court Of Appeals Rules That There Is No Private Right Of Action Under Public Health Law §230(11)(b) For Bad Faith Reporting To The Office Of Professional Medical Conduct
In Haar v. Nationwide Mutual Fire Insurance Company, orthopedic surgeon Dr. Haar treated four patients who were injured in automobile accidents and insured by Nationwide Mutual Fire Insurance Company. Dr. Haar submitted claims to Nationwide in connection with each...
Employment Update: House Approves National Minimum Wage Increase to $15
As expected earlier this year, when Democrats regained control of the House of Representatives, on Thursday the House voted to gradually raise the federal minimum wage to $15 an hour by 2025. The federal minimum wage has remained stagnant at $7.25 an hour for a...