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ORLANDO, FL: MAY 13–16


an employee is not entitled to over- time. In addition, the federal govern- ment recently increased the monetary threshold for salary exempt employ- ees and several states have recently increased their


individual salary


requirements as well. So, if you were not updated on these recent changes to the law, you could think that you were doing everything correct but still have an overtime violation on your hands. If you made the mistake for this one employee, you may have a class action on your hands that involves others too. Did I mention that if you are found lia- ble, you owe back wages, liquidated damages—double the back wages— and the employee’s attorney’s fees?


In response to nationwide sexual harassment allegations and the #metoo movement, many states have made sweeping changes to their anti-harassment policies.”


—Salvatore Puccio Garfunkel Wild, P.C.


If these issues were not enough


to make employers worry, there is a growing trend nationwide in which serial litigants are bringing lawsuits under the Americans with Disabili- ties Act (ADA) for alleged violations


of website use accessibility. So, if your ASC has a website or does a construc- tion upgrade, you are potentially at risk of a lawsuit claiming your web- site is not in compliance with the ADA or your new, updated ASC space dis- criminates against disabled persons because it does not have the correct signage or clearances. Much like your ASC and phy- sicians offer preventive care, my presentation is aimed at providing guidance and practice hints to help prevent these types of claims against you and your ASC.


Salvatore Puccio is a partner at Garfunkel Wild, P.C., Great Neck, New York. Write him at spuccio@garfunkelwild.com.


ASC FOCUS MARCH 2020| ascfocus.org


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