Insights

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Apr 22, 2021 | Eleventh Circuit Decision Creates Further Division Among Circuit Courts Regarding Website Accessibility and ADA

On April 7, 2021, the Eleventh Circuit United States Court of Appeals vacated a trial court ruling from 2017 which held that Winn-Dixie Stores violated the Americans with Disabilities Act (“ADA”) because the Plaintiff, who is visually impaired, could...

Apr 20, 2021 | OSHA's Rollout of COVID-19 Emergency Temporary Standard on Hold

Upon taking office, President Biden issued an executive order directing the Occupational Safety and Health Administration (“OSHA”) to decide by March 15 whether an emergency temporary standard was needed relative to COVID-19, and if OSHA determined t...

Apr 20, 2021 | EEOC Will Issue Guidance on COVID-19 Vaccine Incentive Programs Offered by Employers

Lawmakers and many employer organizations have urged the Equal Employment Opportunities Commission (EEOC) to issue guidance to companies that are considering providing incentives to employees who get the COVID-19 vaccine. Specifically, Sen. Richard B...

Apr 20, 2021 | DOL Issues Cybersecurity Guidance Focused on ERISA

Last week, the Employee Benefits Security Administration arm of the Department of Labor issued guidance focused on protecting and preventing workers’ benefits from the escalating impact of cybersecurity threats.  The guidance, which addressed plan...

Apr 6, 2021 | Department of Labor Scales Back Financial Oversight of Unions

Last week, the Department of Labor (DOL) scaled back its financial oversight of unions. Under the Trump Administration Rule, unions had to report strike fund, apprenticeship program and other “trust fund” information to the DOL. The Trump Administrat...

Apr 6, 2021 | Department of Labor Steps Up Enforcement of Anti-Bias for Government Contractors

The Department of Labor (DOL), under the Biden Administration, has stepped up anti-bias enforcement against government contractors. In doing so, the DOL, through its investigators, is conducting more thorough audits with more detailed questions and i...

Apr 5, 2021 | Effective April 5, 2021, Health Care Providers to Comply with the Information Blocking Rule of the 21st Century Cures Act

Effective April 5, 2021, Health Care Providers are prohibited from blocking access, exchange, or the use of protected electronic health information (“EHI”), or engaging in an act or omission or practice that is unreasonable and likely to interfere wi...

Apr 5, 2021 | IRS Announces that COVID-19 Related Personal Protective Equipment Qualifies as a Medical Expense –

On March 26, 2021, in Announcement 2021-7, the IRS notified taxpayers that amounts paid for personal protective equipment, such as masks, hand sanitizer and sanitizing wipes, for the primary purpose of preventing the spread of COVID-19 (COVID-19 PPE)...

Apr 2, 2021 | IRS Cracks Down: Reporting Crypto and NFTs on Your 2020 Taxes

By Jake Nicholson & Donna Hartl Online brokers and trading platforms have made access to crypto exchanges a standard feature over the past few years, and the IRS has responded to the resulting surge in ownership with updated reporting requirements...

Mar 30, 2021 | Labor Secretary Walsh’s Challenging Agenda

After a lengthy confirmation process last week, Marty Walsh was confirmed by the Senate as U.S. Labor Secretary. With the confirmation process finally behind Walsh, all eyes are now on his impending agenda for the Department of Labor (DOL).  It is...

Mar 30, 2021 | Anticipated Department of Labor Changes Under President Biden

Last week, the Senate confirmed Marty Walsh as Secretary of the U.S. Department of Labor. Walsh is expected to be heavily pro-labor, given his experience as a trade union official. He is also the former Mayor of Boston.  The most anticipated chang...

Mar 30, 2021 | Department of Labor Considers Two Rules Regarding Tipped-Workers’ Wages

The Department of Labor (DOL) has issued two proposed rules that seek to withdraw the Trump Administration rule regarding the lower minimum wage of $2.13 for tipped workers (the “Tip Rule”). The Trump Administration Tip Rule was completed in December...

Mar 24, 2021 | Legislature Limits Governor’s Emergency Powers, Overriding Veto on SB 22

The Statehouse hosted its first veto override votes of 2021 on Wednesday, when the House and Senate gathered to override Governor DeWine’s veto of Senate Bill 22, which amends the powers of the executive branch in an emergency, making virtually all e...

Mar 23, 2021 | OSHA Launches National Emphasis Program Targeting Industries and Worksites at High Risk for COVID-19

On March 12, 2021, the Occupational Health and Safety Administration (OSHA) launched a new national emphasis program (NEP) aimed at protecting workers in high-hazard industries from contracting COVID-19. NEPs are temporary programs that focus OSHA’s...

Mar 23, 2021 | Equality Act Advances to the Senate and to Controversy

Last summer, the United States Supreme Court issued its decision in Bostock v. Clayton County, Georgia, which held that the protected classification of “sex” under Title VII included sexual orientation and gender identity. Under Bostock, LGBT employe...

Mar 23, 2021 | The American Rescue Plan and its Impact on Employee Benefits

The American Rescue Plan (“ARP”), signed by President Biden on March 11, 2021, includes several significant provisions related to employee benefits, most of which extend far beyond pandemic-related relief. Here is a summary of some of the most signif...

Mar 23, 2021 | DOL Wage and Hour Administrator Relinquishing Final Approval Power

Earlier this month, an internal memorandum revealed that Jessica Looman, the principal deputy administrator of the DOL’s Wage and Hour Division (WHD), revoked a set of instructions issued by the Trump Administration which gave then WHD Administrator,...

Mar 23, 2021 | Biden Administration Likely to Expand Enforcement Efforts in the Health Care Industry

Nearly every administration has carried out efforts to investigate fraud and abuse in the health care industry, but under the Biden Administration, those efforts are likely to expand. Below is a brief review of areas where the Biden Administration wi...

Mar 23, 2021 | HB 67 Provides Relief for Ohio School Districts in the 2020-2021 School Year

After the federal government announced in late February that states are still required to administer statewide assessments in the 2020-2021 school year, Ohio school districts have now been granted a sigh of relief. On March 20, 2021, Governor DeWine...

Mar 19, 2021 | Ohio Supreme Court Provides Guidance on Key Marketable Title Act Issue Regarding Preservation of Severed Mineral Interests

On March 16, 2021, the Supreme Court of Ohio issued another important opinion in the ongoing tug of war between surface landowners and severed mineral owners over the ownership of valuable mineral rights in Ohio. In Erickson v. Morrison, Slip Opinion...

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