The Department of Justice recently published a notice of proposed rulemaking applicable to healthcare entities covered under Title II of the Americans with Disabilities Act that relates to accessibility to medical diagnostic...more
5/6/2024
/ Americans with Disabilities Act (ADA) ,
Comment Period ,
Department of Justice (DOJ) ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Healthcare Reform ,
Life Sciences ,
Medical Devices ,
Medical Equipment ,
New Regulations ,
Patient Access ,
Title II
Matt Scully and Chandler Aragona review key developments in employment law from 2023 and forecast trends for 2024, including federal developments on DOL's new salary threshold, FTC's ban on non-competes, and the Pregnant...more
The Inflation Reduction Act of 2022 (IRA) provides increased tax credit or deduction amounts, in many instances a five-times-multiplier bonus, for taxpayers meeting prevailing wage and apprenticeship requirements for certain...more
10/5/2023
/ Apprenticeships ,
Clean Energy ,
Energy Projects ,
Inflation Reduction Act (IRA) ,
IRS ,
Prevailing Wages ,
Proposed Regulation ,
Regulatory Agenda ,
Tax Credits ,
U.S. Treasury ,
Wage and Hour
Despite a disclaimer, the Alabama Supreme Court held the City of Montevallo’s Employee Handbook created a contract with employees that placed additional obligations on the City before it could terminate employees....more
On January 5, 2023, the Federal Trade Commission announced a Notice of Proposed Rulemaking that would prohibit and rescind non-compete provisions in employment contracts. The public has 60 days to offer comment on the...more
1/9/2023
/ Anti-Competitive ,
Comment Period ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
NPRM ,
Regulatory Agenda ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
HELPFUL HINTS -
The Federal No Surprises Act The Federal No Surprises Act (the “Act”) became fully effective on January 1, 2022. The Act protects enrollees in group and individual market plans (including ERISA plans) and...more
1/25/2022
/ Advisory Opinions ,
Anti-Kickback Statute ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare ,
Healthcare Fraud ,
Healthcare Reform ,
Healthcare Workers ,
Infectious Diseases ,
Mental Health ,
National Federation of Independent Business v Department of Labor and OSHA ,
New Legislation ,
OIG ,
OSHA ,
Surprise Medical Bills ,
Vaccinations
Resources -
Safer Federal Workforce Task Force Updates Guidance for Federal Contractors -
On November 10, 2021, the Safer Federal Workforce Task Force updated its Guidance for Federal Contractors (“Guidance”). As...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Marijuana ,
Model Contract Clauses ,
OSHA ,
Public Health Emergency ,
Regulatory Requirements ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
Resources -
Effective Date Announced for New COVID-19 Safety Rule for Healthcare Providers -
OSHA's Emergency Temporary Standard imposes new COVID-19 requirements on healthcare providers. Employers must comply with...more
OSHA’s Emergency Temporary Standard imposes new COVID-19 requirements on healthcare providers. Employers must comply with most provisions by July 6, 2021....more
6/28/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
Focus -
DOL Issues New COVID-19 Safety Rule for Healthcare Providers -
OSHA's Emergency Temporary Standard imposes new COVID-19 requirements on healthcare providers. Most of the new requirements go into effect...more
6/23/2021
/ Coronavirus/COVID-19 ,
Cyber Crimes ,
Employer Liability Issues ,
Health and Safety ,
Independent Contractors ,
Infectious Diseases ,
IRS ,
Misclassification ,
OSHA ,
Public Health ,
Travel Ban ,
Workplace Safety
Updated CDC COVID-19 Guidance -
The CDC has updated its guidance regarding masking and physical distancing for fully vaccinated individuals. Once fully vaccinated, people can resume activities without wearing masks or...more
6/2/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Gender Identity ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Infectious Diseases ,
LGBTQ ,
Masks ,
Patient Access ,
Public Health ,
Relief Measures ,
Sex Discrimination ,
Sexual Orientation ,
Social Distancing ,
Title IX ,
Vaccinations
Focus The COVID-19 Vaccine: An Update for Employers As of January 19, 2021, two vaccines have been authorized for emergency use by the FDA, with two additional vaccines nearing the end of clinical trials. With vaccines now...more
2/1/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Labor Laws ,
Foreign Workers ,
Gig Economy ,
Immigrants ,
Immigration Procedures ,
Independent Contractors ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
On December 21, 2020, Congress passed a second pandemic relief bill. The relief bill did not renew the employee paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”) – the Emergency Family and...more
12/24/2020
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Infectious Diseases ,
Legislative Agendas ,
Relief Measures ,
Sick Employees ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Workplace Safety
Spotlight -
U.S. Supreme Court Rules in Favor of Burr's Petition for the South Carolina Election Commission: South Carolina's Witness Requirement on Absentee Ballots is Here to Stay -
On October 5th, the Supreme Court...more
10/30/2020
/ Absentee Voting ,
Coronavirus/COVID-19 ,
H-1B ,
Health Care Providers ,
Immigration Reform ,
Infectious Diseases ,
Masks ,
OSHA ,
Political Campaigns ,
Presidential Elections ,
Retirement Plan ,
Right to Vote ,
SCOTUS ,
Wage and Hour ,
Witnesses ,
Workplace Safety
Navigating the Minefield of Legal Challenges as Employees Return to Work -
Employers face a host of potential legal pitfalls as businesses that were closed in response to the COVID-19 pandemic reopen and new virus hotspots...more
New York District Court -
On August 3, 2020 a district court judge for the Southern District of New York issued an opinion striking down certain portions of the Department of Labor’s Final Rule interpreting the Families...more
On March 28, 2020, the Department of Labor (“DOL”) issued its third set of Question and Answer guidance on the Families First Coronavirus Response Act, updating some of its earlier answers and adding more than twenty...more
On March 18, 2020, Congress passed the Families First Coronavirus Response Act (the “Act”), which is comprehensive legislation intended to target economic issues arising from the coronavirus (“COVID-19”) during this economic...more
Employers who use pre-employment and post-hire background checks must consider various federal, state and local laws and regulations. One important law that must be considered is the federal Fair Credit Reporting Act (FCRA)....more
If your employees use business vehicles or personal vehicles for work, you should take heed of Great American Alliance Ins. Co. v. Anderson, 2017 U.S. App. LEXIS 2277 (11th Cir. Feb. 8, 2017), involving approximately $1...more
As you may be aware, the Department of Labor recently issued new overtime regulations that will significantly affect salaried employees and their classification as exempt (i.e., not entitled to overtime pay) under the Fair...more
7/12/2016
/ Business Plans ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Popular ,
Wage and Hour ,
White-Collar Exemptions
Smart phones and tablets are now commonplace on the construction job site. Are your cell phone policies as outdated as the original the flip phones that you issued to your employees? Do you even have a cell phone policy?...more
Are your cell phone policies as outdated as your original iPhone? Cell phones have become common place in today’s workplace and employers must consider the legal risks they pose. Thus, if you haven’t revisited your policies...more
As we reach the end of 2015, recent statistics released by the National Labor Relations Board (NLRB) confirm that it is no longer a level playing field for employers who wish to remain union-free. The "quickie" representation...more
Just in time for Labor Day, the National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the...more
9/4/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisee ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRA ,
NLRB ,
Staffing Agencies ,
Temporary Employees ,
Unions ,
Wage and Hour