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Aug 11, 2020 | Federal Court Strikes Down DOL's FFCRA Regulations

Last week, a New York federal court struck down a number of Department of Labor (DOL) regulations applying the new Families First Coronavirus Response Act (FFCRA) as invalid. The Court determined the regulations exceeded the DOL's regulatory authorit...

Jul 30, 2020 | Florida Governor Extends, With Conditions, State’s Moratorium on Mortgage Foreclosures and Evictions Relief

Florida Governor Ron DeSantis issued Executive Order 20-180 on Wednesday to extend the state’s moratorium on mortgage foreclosures and evictions through September 1, 2020, with limited conditions. Executive Order 20-94 was first signed on April 2, 20...

Jul 30, 2020 | Review Choice Demonstration to Resume on Home Health Care Agencies

Effective August 3, 2020, the Centers for Medicare & Medicaid (“CMS”) will resume Home Health Review Choice Demonstration (“RCD”) on home healthcare agencies located in Illinois, Ohio, Texas, North Carolina, and Florida.  CMS originally suspended RCD...

Jul 28, 2020 | Health Care Providers Will Soon Need to Report on use of Provider Relief Funds Under the CARES Act

Many health care providers received provider relief funds (“PRF”) under the Coronavirus Aid, Relief and Economic Security Act (“CARES”).  Recipients of PRF payments were required to agree to certain terms and conditions which referenced the submissio...

Jul 23, 2020 | Department of Labor Adds to Still-Growing Body of Guidance on the Families First Coronavirus Response Act

On Monday, July 20, 2020, the Department of Labor issued new guidance under the Families First Coronavirus Response Act (FFCRA) which covers to remote work and additional issues related to the COVID-19 pandemic.  A summary list is below. Employ...

Jul 9, 2020 | Significant Changes to Illinois Discrimination Law

Effective July 1, 2020, two significant changes to the Illinois Human Rights Act (Act) went into effect. The first change significantly expands the number of employers in Illinois that may be subject to state discrimination claims.  The second change...

Jul 7, 2020 | Governor Extends Florida State of Emergency for 60 Days

Governor Ron DeSantis issued Executive Order 20-166 today, which extends the state of emergency in Florida for another 60 days. DeSantis initially issued EO 20-52 on March 9 for the entire state of Florida due to the coronavirus. The state of emergen...

Jul 1, 2020 | Florida Adopts Legislation to Limit Abuse of Fair Housing Act Relative to Emotional Support Animals

While many housing providers, including community associations, have been required to allow individuals to bring emotional support animals into their communities even though pets are not permitted, recently adopted legislation aims at limiting abuse...

Jun 30, 2020 | And the Wall Between Church and State Continues to Crumble Under the Weight of the High Court’s Decision in Espinoza v. Montana Dep't of Revenue Allowing State Money to Fund Sectarian Schools Through Scholarship Programs

In a 5-4 decision by Chief Justice John Roberts, the Supreme Court of the United States ruled on June 30 that the “no-aid” to sectarian schools provision, in Article X, Section 6, of the Montana Constitution, which was used to strike down a scholarsh...

Jun 30, 2020 | Several Important Changes to Ohio Workers’ Compensation Law Approved by Governor DeWine

On June 16, 2020, Governor DeWine signed House Bill 81, which will bring several important changes to the Ohio Workers’ Compensation System.  House Bill 81 creates several important changes to Ohio Workers’ Compensation Law including:  Reduc...

Jun 16, 2020 | Update to Provider Relief Payment Reporting Requirements

As detailed in our prior Alerts, persons receiving “Provider Relief Funds” in excess of $150,000 through the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Cares Act) were required to submit quarterly reports to the Department of Health...

Jun 15, 2020 | Supreme Court Rules LGBTQ Employees Are Protected from Job Discrimination

The U.S. Supreme Court ruled on Monday that federal law protects gay, lesbian, and transgender people from discrimination in employment. The case, Bostock v. Clayton County, Georgia, involved Title VII of the Civil Rights Act of 1964, which bars empl...

Jun 12, 2020 | EEOC Updates COVID-19 Guidance on Accommodating Employees Who Are Disabled, Pregnant, or Over 65

The Equal Employment Opportunity Commission (EEOC) has once again updated its guidance regarding employees returning to work during the COVID-19 pandemic. A revised Q&A document published on June 11, 2020, addresses several common questions that have...

Jun 12, 2020 | CMS Issues Guidance on Reopening Health Care Facilities

On June 8, 2020, the Centers for Medicare & Medicaid Services (CMS) issued separate guidance for reopening facilities for non-emergency care and for patients considering non-emergency, in-person care. These guidance documents are in keeping with CMS’...

Jun 11, 2020 | Recent HHS Provider Relief Payment Updates

Since our May 11, 2020 Alert “HHS Provider Payment Updates,” the Department of Health and Human Services (HHS) has issued additional guidance through updated FAQs for payments health care providers received pursuant to phases of the Coronavirus Aid,...

Jun 9, 2020 | Possible Employer Vicarious Liability for Employee’s HIPAA Violation Even When Employee Engages In Unauthorized Act

Can an employer be held liable for an employee’s HIPAA violation even if the employee engaged in an unauthorized act that was motivated by the employee’s own personal interest?  In the recent decision of SoderVick v. Parkview Health System, Inc., No....

Jun 5, 2020 | Legislation Repeals Three Health-Related Excise Taxes Imposed by the Affordable Care Act

Legislation enacted by Congress has repealed three excise taxes that had been previously imposed by the Patient Protection and Affordable Care Act (the “Affordable Care Act”). Congress recently enacted the Taxpayer Certainty and Disaster Tax Relief A...

May 21, 2020 | OSHA Revises Guidance for Reporting COVID-19 Cases

On May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued revised enforcement guidance for recording cases of COVID-19. Generally, OSHA requires certain high-risk industries, such as manufacturing, to record work-related injuri...

May 21, 2020 | Small Business Administration Releases PPP Loan Forgiveness Applications

On Friday, May 15, the Small Business Administration (SBA) released Form 3508, Loan Forgiveness Application, with no additional guidance issued by the Treasury Department. Most were encouraged to see the forgiveness application. However, while the ap...

May 18, 2020 | Ohio’s High Court Upholds the Constitutionality of H.B. 70’s Controversial School Takeover Law

On May 13, 2020, in a 5-2 split decision, the Supreme Court of Ohio upheld the constitutionality of H.B. 70, and the 131st General Assembly’s process in enacting it, in Youngstown City School Dist. Bd. of Edn. v. State of Ohio, Slip Opinion No. 2020-...

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