Insights

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Feb 16, 2021 | NLRB Relaxes Trump-Era Financial Disclosure Requirements for Unions

Last week, the NLRB’s General Counsel rolled back Trump-era financial disclosure requirements for unions. Even without a complaint, unions were required to explain fees charged to nonmembers. Now, beyond routine financial reporting, unions are only r...

Feb 16, 2021 | COVID Relief Package Seeks to Expand the Affordable Care Act

On February 8, 2021, House Democrats revealed a $1.9 trillion COVID-19 relief package, which in part would increase the ACA’s financial assistance for two years, in an effort to make premiums more affordable for enrollees. Specifically, in what would...

Feb 16, 2021 | An Unusual Letter Regarding Obamacare to the U.S. Supreme Court

On February 10, 2021, Deputy Solicitor General Edwin Kneedler penned a two-page letter to the U.S. Supreme Court setting forth the Biden Administration’s position regarding the constitutionality of the Affordable Care Act, also known as Obamacare. ...

Feb 15, 2021 | CDC Publishes New Guidance for the Reopening of Schools to In-person Learning

On Friday, February 12, the Centers for Disease Control and Prevention (CDC) released additional guidance addressing recommended practices in the reopening of schools, titled Operational Strategy for K-12 Schools through Phased Mitigation (“Operation...

Feb 15, 2021 | Ohio’s New Limited Liability Company Act – Revised Code Section 1706

The Ohio General Assembly recently passed a new Ohio Limited Liability Company (“LLC”) Act to replace the original LLC Act passed in 1994. Formally known as the “Enact Ohio Revised Limited Liability Company Act” (the “Act”), the Act was signed into l...

Feb 10, 2021 | Governor Mike DeWine Announces Home Relief Grant Program

On Tuesday, February 9, 2021 Governor Mike DeWine announced the Home Relief Grant program. This program includes $100 million to help low-income Ohioans who do not own their own home pay for housing costs, to include rent, mortgage, water, sewer, was...

Feb 9, 2021 | OSHA Says Vaccinated Employees Should Still Wear Masks and Follow Other Practices Related to COVID-19

On January 29, 2021, the Occupational Safety and Health Administration issued guidance stating employers should still require employees who have received the COVID-19 vaccine to continue to wear masks and follow other protocols such as social distanc...

Feb 9, 2021 | National Paid Leave Proposal Reintroduced in the Senate and House of Representatives

This past Friday, Democrats in both the Senate and House of Representatives reintroduced legislation that would create a paid leave program on the national level. Rep. Rosa DeLauro (D-Conn.) and Sen. Kirsten Gillibrand (D-NY) reintroduced the Family...

Feb 9, 2021 | The NLRB: A Farewell to Many Trump Administration Policies

As anticipated Acting General Counsel Peter Sung Ohr took no time to rescind a significant number of General Counsel Memoranda issued by former General Counsel Peter Robb during the Trump Administration. In a February 1, 2021, Memorandum (GC 21-02...

Feb 9, 2021 | Business Groups Urge EEOC To Clarify Legality of COVID-19 Vaccination Incentives

While one approach for employers wishing to have a widely COVID-vaccinated workforce is the provision of incentives to employees to get the vaccine, questions have arisen about how much of an incentive is too much so as to render the decision to get...

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...

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