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Alert | Appellate Alert
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...Alert | Employment Services Alert
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,...Alert | Employment Services Alert
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...Alert | Employment Services Alert
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...Alert | Employment Services Alert
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...Alert | Employment Services Alert
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...Alert | Employment Services Alert
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...Alert | Insurance Alert
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...Alert | Health Law Alert
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...Alert | Employment Services Alert
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...Alert | Education Law Alert
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...Alert | Employment Services Alert
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...Alert | Employment Services Alert
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...Alert | Health Law Alert
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...Alert | Corporate, Tax & Transactional Alert
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...Alert | Transportation Alert
Jan 12, 2021 | Are Violations of the FMCSRs Admissible to Show Negligence in a Trucking Case? Not According to the Sixth Circuit
In trucking cases, plaintiff’s lawyers like to use the Federal Motor Carrier Safety Regulations (“FMCSRs”) against trucking companies and their drivers. Sometimes the FMCSRs are used to argue that truck drivers are “professional drivers” and should b...Alert | Immigration Law Alert
Jan 8, 2021 | Big Changes as Employers Prepare to Hire Foreign Workers
For employers seeking to hire foreign workers in the near future, the recent changes to the H-1B program and the presidential Administration will certainly present a lot of questions. On January 7, 2021, the U.S. Citizenship and Immigration Services...Alert | Employment Services Alert
Jan 8, 2021 | Long-Standing Discrimination Protections Are Proposed to Change in Final Days of Trump Administration
In the final days of the Trump Administration, the Department of Justice (DOJ), through the federal rule-making process, is aiming to scale back certain protections for protected classes that currently exist under Title VII of the Civil Rights Act of...Alert | Education Law Alert
Jan 7, 2021 | SERB’s Picketing Restrictions Ruled Unconstitutional
On the final day of 2020, the Eleventh District Court of Appeals (Portage County), held that an Ohio law which restricted the picketing of private homes and private offices of public officials was unconstitutional under both the United States and Ohi...Alert | Banking & Financial Institutions Alert
Jan 6, 2021 | The Eleventh Circuit Decides that Chapter 11 Debtors in Possession Cannot Receive Loans Under the Paycheck Protection Program (“PPP”)
As many property owners and business operators continue to face the economic malaise associated with government shutdown orders, a decline in foot traffic in many of the traditional brick and mortar businesses, and a slow roll out of the COVID-19 vac...
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