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The panel: Judges Baldock (CA6), Berzon, and Collins, with Judge Berzon writing the opinion. Key highlight: “AMN’s explanation for the payments made to local clinicians that providing per diems to local clinicians encourages them to work the required hours applies equally to travelling clinicians, and confirms that the payments do function as compensation namely, as a bonus for good work attendance. The comparison to local clinicians’ payments is an exceedingly strong indication that the per diem payments made to both groups of clinicians function as compensation for labor.” Background: Plaintiffs Verna Clarke and Laura Wittman worked for AMN Services, a healthcare staffing company that placed nurses and technicians in various short-term assignments, some of which required travel away from their homes. Clarke and Wittman were paid both hour an hourly wage and a “per diem” derived from the federal reimbursement rates for meals, lodging, and incidentals ....
To embed, copy and paste the code into your website or blog: This week, the Ninth Circuit declines to extend a recent Supreme Court decision on retaliatory arrest to the immigration bond revocation context, and resolves a particularly hairy preemption question about state-law challenges to dietary supplement labeling. The Court holds that the Supreme Court’s decision in Nieves v. Bartlett, 139 S. Ct. 1715 (2019), does not apply to a noncitizen’s claim that Immigration and Customs Enforcement (“ICE”) unconstitutionally retaliated against him for his speech when revoking his bond and rearresting him. Panel: Chief Judge Thomas, Judge Schroeder, and Judge Berzon, with Chief Judge Thomas writing the opinion. ....