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Employees Paid on a Commission Basis Must Be Paid a Separate Minimum Wage for Rest Periods
  • Bass, Berry & Sims PLC
  • USA
  • March 24 2017

Employers who pay employees commissions should evaluate their compensation schemes to ensure compliance with California law in light of the California


Lessons from the Historic ZTE Enforcement Action
  • Bass, Berry & Sims PLC
  • USA
  • March 22 2017

On March 7, 2017, Chinese telecommunications company, Zhongxing Telecommunications Equipment Corp. (ZTE), signed on to three separate settlement


Timing is Everything - GAO Refuses to Apply Jurisdiction Retroactively
  • Bass, Berry & Sims PLC
  • USA
  • March 20 2017

As we previously reported here and here, between October 1 and December 14, 2016, the Government Accountability Office (GAO) lacked jurisdiction to


False Claims Act Dangers on Display in Ruckh
  • Bass, Berry & Sims PLC
  • USA
  • March 14 2017

A recent jury verdict in an FCA lawsuit pending in the United States District Court for the Middle District of Florida resulted in a not-so-subtle


Managing the employment relationship in Tennessee
  • Bass, Berry & Sims PLC
  • USA
  • March 6 2017

A structured guide to state specific laws, misclassification and employment contracts in Tennessee


DOJ Intervenes in Risk Adjustment FCA Case
  • Bass, Berry & Sims PLC
  • USA
  • February 27 2017

Recently, the DOJ intervened in one of several currently pending qui tam cases involving Medicare Advantage (MA) and the Risk Adjustment process used


Fourth Circuit Takes a Pass on Statistical Sampling, Finds DOJ’s Settlement Veto Authority Unreviewable
  • Bass, Berry & Sims PLC
  • USA
  • February 21 2017

After granting the relators’ petition for an interlocutory review of the district court’s rejection of the use of statistical sampling to establish


DOL’s Fiduciary Rule Still in Limbo after Trump Memo and Federal Judge’s Ruling
  • Bass, Berry & Sims PLC
  • USA
  • February 10 2017

Last week, President Trump issued a memorandum directing the Department of Labor (DOL) to reconsider implementation of the fiduciary rule. The


Failure to Plead Objective Falsity Dooms Cardiologist’s FCA Complaint
  • Bass, Berry & Sims PLC
  • USA
  • January 31 2017

A number of recent FCA decisions have grappled with the question of objective falsity, particularly in the context of FCA claims where the alleged


In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation
  • Bass, Berry & Sims PLC
  • USA
  • January 30 2017

In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act