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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...

Mar 17, 2021 | Fraudulent Unemployment Claims Continue to Rise in Ohio

Unemployment claims throughout Ohio continue to rise, and at the same time, fraudulent employment claims have also increased at an alarming rate. At the beginning of this month, over 128,000 claims were filed with the Ohio Department of Job and Famil...

Mar 16, 2021 | The Gig is Up: DOL to Nix Trump-Era Gig Worker Rule

As anticipated, the Department of Labor (DOL) formally announced its proposal to eliminate the Trump Administration’s gig worker rule that would have provided companies an easier and simpler path to classify workers as independent contractors.  Fo...

Mar 16, 2021 | Expansive Labor Relations Legislation Passes House

On March 9, 2021, the Protecting the Right to Organize (PRO) Act, a bill that would provide significant protections for workers seeking to organize and bargain, cleared the House of Representatives on a 225-206 vote. Five Republicans joined Democrats...

Mar 16, 2021 | Department of Labor Seeks to Rescind the Trump Administration’s Joint-Employer Rule

The Department of Labor (DOL) has issued a proposed rule to rescind a Trump administration joint-employer rule. The joint-employer rule attempted to treat companies, like McDonald’s and FedEx, as joint employers of franchise and contract workers only...

Mar 11, 2021 | The American Rescue Plan Act of 2021

Update: President Biden signed The American Rescue Plan Act on March 11, 2021 On Wednesday afternoon, Congress passed The American Rescue Plan Act of 2021, a broad, comprehensive policy response to the challenges brought on by the COVID-19 pandemi...

Mar 9, 2021 | Secretary of Labor Nominee to Bring Expertise to Address Multiemployer Pension Plan Crisis

Albeit typically a matter for Congress, tapped Secretary of Labor Marty Walsh is prepared to utilize his labor experience to address the growing concern regarding the uptick in underfunded multiemployer pension plans that are on the verge of collapse...

Mar 9, 2021 | White House Memo Reverses Trump Restrictions on Diversity Training

Last week, a White House memorandum implemented President Biden’s executive order reversing former President Trump’s executive order on diversity training. Notably, both orders only applied to federal agencies, federal contractors and recipients of f...

Mar 9, 2021 | Acting General Counsel of the NLRB, Peter Ohr, Begins Undoing Past General Counsel’s Projects and Procedures

After being named Acting General Counsel of the National Labor Relations Board (NLRB), Peter Ohr has not slowed down. In a recent American Bar Association committee meeting, Ohr stated, “when I was asked to serve as acting general counsel, it was not...

Mar 3, 2021 | Ohio Legislature Drops Multi-Billion Dollar COVID Relief Plan

The Ohio Legislature dropped a multi-billion dollar COVID relief plan on Tuesday afternoon intended to improve public health and provide support to entities disproportionately impacted by the pandemic. The $2.15 billion proposal is part of the Stateh...

Mar 2, 2021 | U.S. House Passes LGBTQ Civil Rights Bill

The U.S. House of Representatives passed a bill last week known as the Equality Act, which would amend the Civil Rights Act of 1964 to include sexual orientation and gender identity as protected classes.  Last year, the U.S. Supreme Court held Tit...

Mar 2, 2021 | Could There Be Changes to ERISA Fiduciary Requirements Under the Biden Administration?

President Biden nominated Marty Walsh, Mayor of Boston, as Secretary of Labor, and as his nomination remains pending, questions arise on what changes will be made regarding ERISA fiduciary rules that were established under the Trump Administration....

Mar 2, 2021 | President Biden’s Executive Orders: Impact on Employee Benefits and Healthcare

In the opening days of his administration, President Biden has signed a flurry of Executive Orders impacting multiple sectors of the U.S. economy. This article summarizes the Orders that impact employee benefits and healthcare and what those Orders m...

Mar 2, 2021 | DOL’s Wage and Hour Division Gearing Up to Focus on Contractor Wage Standards

In response to President Biden’s soon to be rolled out infrastructure and jobs package, which is set to increase federally funded construction and service projects developed by private companies, the DOL’s Wage and Hour Division is shifting its focus...

Mar 2, 2021 | Department of Labor Will Provide Additional Benefits for Those Who Refuse ‘Unsafe’ Work

On February 25, 2021, the Department of Labor (DOL) issued guidance in the form of a Program Letter based upon President Biden’s recent directive to ensure unemployment benefits are available to people who refuse to work because of COVID-19 safety co...

Feb 24, 2021 | Federal Government Makes Unexpected Announcement: States Must Administer Statewide Assessments in 2020-2021 School Year

Given the havoc that COVID-19 has wreaked on our educational system, should schools be mandated to administer statewide summative assessments during the 2020-2021 school year?  Nationwide, state legislatures have invited testimony, debated possibl...

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