New York State Society of Orthopaedic Surgeons’ Webinar – Your Employment Agreement: How To Be Best Protected

March 27, 2019

Speaker:  Barry B. Cepelewicz

Garfunkel Wild Partner/Director Barry B. Cepelewicz will present at the New York State Society of Orthopaedic Surgeons’ Webinar – Your Employment Agreement: How to be Best Protected

A comprehensive employment agreement can protect both the employer and employee, yet many practices continue to draft agreements that are vague and deficient and many employees do not spend the time needed to carefully review and fully understand the document.

Our review will focus on key provisions, including:

•    Compensation Models
•    Termination Provisions
•    Restrictive Covenants
•    Professional Liability Insurance
•    Indemnification
•    Duties and Obligations
•    Benefits
•    Post-Termination Rights
•    Dispute Resolution
•    Outside Activities


On March 7, 2019, the U.S. Department of Labor issued a proposed rule that will raise the Fair Labor Standards Act’s white collar and highly-compensated employee exemption thresholds for the first time in fifteen years. Specifically, the rule seeks to increase the minimum salary required for workers to qualify for the “white collar” exemptions from $23,660 per year (or $455 per week) to $35,308 (or $679 per week) per year, as well as raising the overtime eligibility threshold for highly-compensated employees from $100,000 to $147,414 per year.  Some highly compensated exempt employees may qualify for other overtime exemptions notwithstanding the new salary threshold, but proper analysis should be performed by employers before automatically designating such employees exempt. The rule also allows employers to count various nondiscretionary bonuses and incentive payments towards the salary threshold for up to ten percent of a worker’s salary.  The DOL expects the new rule to go into effect in January 2020.  This change would have no effect on individual state salary requirements, and employers are advised to consult their local state regulations for compliance.

Click Here to download the Legal Alert.

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Should you have any questions regarding these recommendations, please contact a member of our Employment Law Group or the Garfunkel Wild attorney with whom you regularly work.


John Martin was quoted in the New York Law Journal, “Appeals Court Tosses Charges Against Suffolk County Pharmacist in HIV Drug Scheme.”

The article discusses the state appeals court decision to toss eight of 10 convictions of his client, a Suffolk County pharmacist who was sentenced to prison in 2016 for taking part in a scheme to sell black-market prescription drugs used for treating HIV to patients.

In the January 25, 2019 article, Mr. Martin, who argued the appeal, stated “his client was a middleman in the scheme and that prosecutors presented ‘zero evidence’ that any patients were harmed by drugs sold as part of the scheme.” He also stated “I think the AG’s office, like the jury, decided they didn’t like my client and just decided to hurt him as much as they could and they weren’t careful with the law.”

Click Here to read the article.



The Westchester County Medical Society Workshop “Telemedicine: Changing the Pargadigm of Access to Care”

May 31, 2018
Rye Town, NY

Speaker: Andrew E. Blustein and Barry B. Cepelewicz

Garfunkel Wild Partner/Director’s Andrew E. Blustein and Barry B. Cepelewicz will speak at The Westchester County Medical Society Workshop “Telemedicine: Changing the Pargadigm of Access to Care”, in Rye Town, NY on May 31, 2018. Mr. Blustein and Mr. Cepelewicz will speak to the legal questions that come up when discussing implementing and using telemedicine within your practice.

For more information, click here.


Elaine Zacharakis was quoted in two Inside CyberSecurity articles.

In the May 18, 2018 article on the U.S. healthcare companies HIPPA process coming under scrutiny in the wake of the new European Union’s General Data Protection Regulation (GDPR), Ms. Zacharakis’s presentation to HIMSS was quoted regarding the doubts about the use of HIPPA Safe Harbor for “De-identification” of data. The presentation said, “As a matter of terminology, Europeans prefer the term ‘anonymization’ to ‘de-identification.’ Some DPAs will assert that anonymization is a higher standard.”

The May 21, 2018 article discusses the U.S. governments concern regarding how the insufficient guidance on the new EU data privacy and security regulation will affect companies in the U.S. In the article, Ms. Zacharias’s noted that “The Europeans take a comprehensive approach to privacy to protect personal data and have special provisions for sensitive data which includes health data. The U.S. takes a sectoral approach to privacy.”

“It will be interesting to see how our systems evolve based upon the influence of the Europeans globally with regards to privacy,” she said, adding, “All U.S. healthcare entities should be aware of the increased territorial reach created in the GDPR with regards to data subjects in the European Union.”