Insights

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Feb 9, 2021 | Biden Administration Further Delays Effective Date of Independent Contractor Rules

As noted in a prior newsletter, President Biden’s Chief of Staff froze rules that had not yet gone into effect as to the Department of Labor’s proposed sweeping independent contractor rule changes. On February 3, 2021, the DOL proposed extending the...

Feb 2, 2021 | Anticipated Change in Focus for DOL’s Office of Federal Contract Compliance Programs

Under the new Biden Administration and the leadership of newly-appointed Director Jenny Yang, employers should expect to see a refocus on hiring and pay equity enforcement by the Department of Labor’s Office of Federal Contract Compliance Programs (“...

Feb 2, 2021 | Biden Administration Names Peter Sung Ohr as Acting General Counsel of the NLRB

After the unprecedented firing of the NLRB’s former general counsel, Peter Robb, the Biden Administration has named Peter Sung Ohr as the Acting General Counsel on January 25, 2021. Mr. Ohr was the NLRB’s Regional Director of Region 13 in Chicago...

Feb 2, 2021 | Biden Proposes $15 Minimum Wage

Last week, President Biden and Congressional Democrats unveiled their proposal for a $15 an hour minimum wage bill. The current federal minimum wage has been $7.25 an hour since 2009. In many instances, federal minimum wage has been overtaken by high...

Feb 1, 2021 | COVID-19 Insurance Coverage — The Uncertainty Continues

Last week we reported Judge Polster’s Decision in Henderson Road Restaurant Systems, Inc., et al. v. Zurich American Ins. Co., U.S.N.D. Ohio Case No: 1:20-cv-01239-DAP, wherein Judge Polster, based upon the language of the policy of insurance at issu...

Jan 28, 2021 | Roetzel & Andress: 2020 Appellate Year in Review

The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on appeal. The Appellate Law...

Jan 28, 2021 | Employee Benefits Update: Recent Legislation and Regulations Impose New Obligations on Plan Administrators and Plan Sponsors

Congress’s passage of the Consolidated Appropriations Act (“CAA”) imposes a series of new recordkeeping and disclosure obligations on plan sponsors, as well as extending and expanding upon COVID-19 related relief. Less than one month into this year,...

Jan 27, 2021 | Not So Fast: DOL Freezes Rules That Have Not Yet Become Effective and Rescinds Opinion Letters

*This development supersedes Roetzel’s previous alert on this topic on January 19, 2021.  On January 20, 2021, the Biden administration issued a regulatory freeze memorandum requesting that executive departments and agencies delay the effective da...

Jan 26, 2021 | President Biden Fires NLRB General Counsel as Pendulum Swings in Favor of Organized Labor

In a bold move that is sure to change the trajectory of the labor law landscape, President Biden has fired National Labor Relations Board (NLRB) General Counsel Peter Robb. Robb, who was appointed by President Trump, was serving a four-year term that...

Jan 26, 2021 | Nominee for Secretary of Labor Moves Closer to Senate Confirmation Hearing

Marty Walsh, two-term Mayor of Boston and nominated for Secretary of Labor by President Biden, has moved closer to a hearing on his confirmation in front of the Senate, having completed the initial vetting and administrative steps.     Walsh comes...

Jan 26, 2021 | President Biden Issues Orders on COVID-19 Worker Safety

President Biden has ordered the Occupational Safety and Health Administration (OSHA) as well as the Mine Safety and Health Administration to evaluate whether a need exists for emergency temporary standards that protect workers from on-the-job COVID-1...

Jan 26, 2021 | Biden Administration Halts Independent Contractor Rule

On January 20, 2021, President Biden’s Chief of Staff signed an Order that immediately barred further advancement of a number of rules promulgated by the Trump Administration. That Order also froze rules that had been published in the Federal Registe...

Jan 25, 2021 | At Least One Ohio Court Has Found That Restaurants’ COVID-19 Business Losses Are Covered

In a recent decision from the United States District Court in the Northern District of Ohio, Judge Polster found that pursuant to the terms and conditions of a Commercial Business Policy, coverage existed for losses sustained by the restaurants as a...

Jan 21, 2021 | CMS’s Updated Advance Beneficiary Notice of Noncoverage (ABN) is in Effect

As of January 1, 2021, providers must use the updated instructions and form Advance Beneficiary Notice of Noncoverage (ABN), Form CMS-R-131. The changes address beneficiaries who are dually enrolled in Medicare and Medicaid through the Qualified Medi...

Jan 20, 2021 | Ohio Governor Signs H.B. 308 to Create Fund for PTSD for First Responders

Effective January 9, 2021, Ohio Governor Mike DeWine signed House Bill 308 to create a fund for post-traumatic stress disorder for first responders. This is defined as “paying compensation for lost wages to a public safety officer who is disabled by...

Jan 19, 2021 | Immunity Upheld for Teacher and School Officials on Parents’ Claims of Student Bullying

On December 29, 2020, the Ohio Supreme Court denied the parents’ motion for reconsideration, confirming its previous decision in A.J.R. v. Lute, issued on November 10, 2020. During the 2015-2016 school year, A.R. was an early-entrant kindergarten...

Jan 19, 2021 | U.S. Department of Labor Announces Final Rule for Classifying Workers as Independent Contractors Under the FLSA

On January 7, 2021, the U.S. Department of Labor published its Final Rule (“Rule”) for classifying workers as independent contractors under the Fair Labor Standards Act (“FLSA”), which Rule will take effect on March 8, 2021.  The Rule provides a tool...

Jan 15, 2021 | Major Changes Coming to Ohio's Employment Discrimination Statute

On January 12, 2021, Ohio Governor Mike DeWine signed into law House Bill 352, which contains significant changes to Ohio Revised Code Chapter 4112, the home of Ohio’s Civil Rights Act inclusive of Ohio’s employment discrimination statutory law. Thes...

Jan 14, 2021 | Paycheck Protection Program Second Draw Opens for Small Healthcare Service Providers

Signed into law on December 27, 2020, The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act creates a second opportunity for businesses that have utilized the full amount of their First Draw Paycheck Protection Program (“PPP”) loa...

Jan 14, 2021 | Paycheck Protection Program Second Draw Opens for Small Businesses, Hotels, & Restaurants

Signed into law on December 27, 2020, The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act creates a second opportunity for businesses that have utilized the full amount of their First Draw Paycheck Protection Program (“PPP”) loa...

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