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May 7, 2021 | Clean Water Act Update

Overview of Recent Nationwide Permit Program Changes On March 28, 2017, former President Donald Trump issued Executive Order 13783, “Promoting Energy Independence and Economic Growth.” The Executive Order directed the U.S. Army Corps of Engineers...

May 6, 2021 | Tenants Get at Least a Week’s Breathing Room Under Continuing Eviction Moratorium

While the District of Columbia federal court's order yesterday vacated the moratorium, HHS (the CDC is part of the family of agencies under the HHS, which was actually named as the Defendant) quickly filed an emergency motion to stay the order.  You...

May 5, 2021 | Federal Judge Vacates CDC Eviction Moratorium

On Wednesday, May 5, 2021, Judge Friedrich of the United States District Court for the District of Columbia, entered an Order vacating the CDC’s nationwide eviction moratorium order. In a related opinion, Judge Friedrich ruled that the Public Health...

May 4, 2021 | It’s a Bird! It’s a Plane! It’s a … Drone?

The Federal Aviation Administration recently issued final rules requiring remote identification of Unmanned Aerial Systems (“UAS” aka drones) and allowing flight over people, moving vehicles, and at night under certain conditions. The final rules wen...

Apr 27, 2021 | President Biden’s American Jobs Plan Calls for Significant Funding for Worker-Focused Agencies

Workplace civil rights and health and safety agencies will likely receive additional funding to carry out anti-bias enforcement under President Biden’s American Jobs Plan.   Last month, President Biden announced his administration’s $2 trillion Am...

Apr 27, 2021 | Department of Labor Planning Enhanced Enforcement

Not surprisingly, the U.S. Department of Labor’s Wage and Hour Division is looking to reverse many of the Trump administration’s employer-friendly initiatives and rules. Those reversals include: Setting aside gig-industry-friendly rules that ma...

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 | 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 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 | 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 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 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 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 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 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 | 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 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 | 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 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 | 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...

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